National
48 hours into marriage equality, New York leaps into Federal DOMA case
Before the ink dried on many of the first marriage licenses for same-sex couples in New York, the Attorney General jumped into a Federal case against DOMA
Before the ink had even dried on many of the first marriage licenses for same-sex couples in New York, the state Attorney General was busy filing a brief in one of the several cases against the Federal Defense of Marriage Act, which prevents the Federal Government from recognizing same-sex marriages performed in the states where such marriages are legal, and preempts the Constitutional ‘Full Faith and Credit’ cause by allowing states to refuse to recognize some marriages performed in elsewhere.
Tuesday, Attorney General Eric Schneiderman filed an Amicus Curie brief in the U.S. District Court for the Southern District of New York in Windsor v. United States, a case brought against the government by the American Civil Liberties Union on behalf of New York widow Edie Windsor. When her wife Thea passed away in 2009, Edie was forced to pay penalties most married couples don’t have to pay because her marriage was not recognized, though the two had shared a life together for over 44 years.
Though their 2007 Canadian wedding was recognized by the state of New York, the Federal Government viewed Thea and Edie as strangers when they penalized Edie $350,000 of her inheritance from Thea when she passed away. The Attorney General contends that DOMA violates same-sex couples’ rights to equal protection under the law. Schneiderman agreed with other arguments against DOMA — including U.S. Attorney General Eric Holder’s take; supported by the President — saying the Defense of Marriage Act is “an unprecedented intrusion into the power of the state to define marriage,” and that it “does not advance any legitimate governmental interest.”
Upon coming to a similar conclusion earlier this year, the President and Attorney General Holder announced they would cease defending DOMA against its numerous lawsuits nationwide, leading to Speaker of the House John Boehner to set aside several hundred thousand taxpayer dollars to allow House Republicans to continue defending the law in the Justice Department’s place.
“The state of New York should be commended for standing up for fairness and dignity for all families by opposing the so-called Defense of Marriage Act,” James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project, said in a statement released Tuesday. “Congress must now do the right thing and pass the Respect for Marriage Act, repealing this outdated and mean-spirited law once and for all. Married couples like Edie and Thea, who cared for each other for over four decades, should not be excluded from the federal protections that all other married couples receive.”
The Attorney General’s move is not a big surprise. In 2008, under an order from then-Governor David Patterson, New York began recognizing same-sex marriages performed in other jurisdictions. What may be surprising for some is the speed at which the Attorney General jumped into the case, so soon after the law took effect bringing New York in line with other states suing the Government over DOMA like Massachusetts, where same-sex marriage is also recognized.
Along with the ACLU, the Windsor case is being brought by the New York Civil Liberties Union and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP. It is one of several throughout New England and the West Coast challenging the 1996 DOMA law signed by then President Clinton.
Illinois
Obama Center opens with tributes to marriage equality, LGBTQ progress
19.3 acre campus honors 44th president’s legacy
The Barack Obama Presidential Center held media previews on Thursday ahead of its official Juneteenth opening, marking the debut of the first presidential center dedicated to the 44th and only Black U.S. president.
The 19.3-acre campus, located on Chicago’s South Side within historic Jackson Park, features a museum, garden, basketball court, and a new branch of the Chicago Public Library.
Multiple artifacts related to the LGBTQ rights movement appear in the presidential museum’s collection, though none appeared to be on display at the time of publication, according to the center’s website.
Among the objects in the collection are the pen Obama used to sign the repeal of the “Don’t Ask, Don’t Tell” policy that prohibited gay, lesbian, and bisexual individuals from serving openly in the military; a set of Harvey Milk commemorative stamps honoring the first openly gay elected official in San Francisco; and an Out2Enroll rainbow sweat wristband used to connect communities — specifically LGBTQ people and their families, friends, and allies — with health insurance coverage options available under the Affordable Care Act.
The artifacts reflect a broader LGBTQ legacy associated with the Obama presidency.
During the televised opening ceremony, former first lady Michelle Obama thanked her husband for “standing up for marriage equality.”
During his presidency, Obama took a number of actions affecting LGBTQ Americans, including repealing “Don’t Ask, Don’t Tell,” signing the Matthew Shepard Hate Crimes Act, directing the Justice Department to stop defending the Defense of Marriage Act in court, expanding federal benefits and leave to same-sex domestic partners of federal and Foreign Service employees, broadening Affordable Care Act coverage for LGBTQ health issues, including HIV/AIDS prevention and treatment, and signing a 2014 executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.
The opening event drew numerous celebrities, including Stevie Wonder, Christina Aguilera, Oprah Winfrey, and Tom Hanks.
It also attracted political figures from both sides of the aisle. One notable exception was President Donald Trump, who was not invited to the ceremony. All other living former presidents were invited and attended.
The Obama Presidential Center will open to the public on June 19, with tickets available on its website.
Florida
Intersex teacher alleges Fla. school fired him over perceived trans identity
Shepard Scalf filed a complaint with Equal Employment Opportunity Commission
An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.
Shepard Scalf in the filing says he was assigned female at birth but identifies as male.
According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans.
Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.
During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.
On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired.
According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”
“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”
According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.
In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.
The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.
“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”
Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.
“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.
America 250
Washington Blade publishes ‘Queering America 250’
New magazine chronicles LGBTQ history and contributions to U.S. culture
The Washington Blade this week published a new glossy magazine, titled “Queering America 250,” a look back at the many contributions that LGBTQ people have made to the founding of the country through the present day.
From Colonial times to modern pop culture, the magazine aims to remind readers of some of the many ways queer people have influenced American life.
“As the country commemorates 250 years, we wanted to do our part to ensure LGBTQ contributions to America were not ignored or forgotten,” said Blade Editor Kevin Naff. “As this administration seeks to erase queer identities, it’s more important than ever that we speak up and remind the world that we have always been here and always will be.”
The magazine is divided into chapters addressing queer life in Colonial times, the early 20th century, the late 20th century, and the 21st century. There’s a story about D.C.’s role in LGBTQ visibility; a top 40 moments in queer pop culture piece; and a series of opinion pieces and photo pages from the Blade’s historic archive.
The magazine is free and available across the D.C. region during Pride. It’s also available online.
You can find the magazine here: Annie’s, As You Are, Bunker, Crush, DIK Bar, District Eagle, Green Lantern, Her Diner, Jane Jane, JR.’s, Icon, Kiki, Larry’s Lounge, Little Gay Pub, Nellie’s, Number Nine, Pitchers, Red Bear Brewing, Shakers, Sinners and Saints, Spark Social House, Fireplace, Thurst, Trade, Uproar, Whitman-Walker Health, Destination DC, Mayor’s Office of LGBTQ Affairs, DC Center, SMYAL, HRC, Bite the Fruit, 350 Bakery, Logan 14 Aveda Salon Spa, Vida Fitness U Street and Logan Circle, Freddie’s Beach Bar, Destination Tomorrow. The magazine is also available at D.C. and Northern Virginia libraries.

