National
Judge halts deportation proceedings for gay Venezuelan national
Court cites Holder’s order to vacate as reason to adjourn
A U.S. immigration judge on Friday halted deportation proceedings for a Venezuelan national facing expulsion from the country because of the Defense of Marriage Act in part because of a recently issued order from the Justice Department interceding in a related case.
Judge Alberto Riefkohl granted an adjournment until Dec. 16 in the case Henry Velandia, a salsa dancer who’s in a legal same-sex marriage and faces deportation to Venezuela. The judge, who heard the case in a Newark, N.J., court, could have ordered deportation on the date of the hearing and barred Velandia from returning to the United States for 10 years.
Josh Vandiver, Velandia’s spouse, had filed an I-130 marriage-based green card petition for Velandia, which was denied in January on the sole basis of DOMA. After President Obama announced in February that he would no longer defend DOMA in court because he determined the law was unconstitutional, Vandiver re-filed the petition, which remains pending with U.S. Citizenship & Immigration Services.
Lavi Soloway, an attorney with Masliah & Soloway PC in New York who’s handling Velandia’s case, said the judge made his decision on the basis that Vandiver’s marriage-based green card petition is still pending and because of a recent decision by U.S. Attorney General Eric Holder in a related immigration case.
On Thursday, Holder issued an order to vacate for another bi-national same-sex couple in New Jersey seeking recognition of their civil union for immigration purposes, halting the potential deportation and the separation of this couple.
“Today we have won an important victory by stopping the deportation of Henry Velandia,” Soloway said. “The Immigration Judge has demonstrated that it is appropriate to proceed with caution when a marriage-based green card petition is pending precisely because the law and policy impacting lesbian and gay bi-national couples is in a state of flux. The Immigration Judge has acted to protect Josh and Henry from being torn apart at a time when new developments suggest that potential solutions for bi-national same-sex couples may be on the horizon.”
According to Soloway. Immigration & Customs Enforcement Assistant Chief Counsel David Cheng, who’s prosecuting the case on behalf of the Department of Homeland Security, agreed to the adjournment.
“The attorney felt that it was appropriate to proceed with caution and give this process a chance to play out, and, if that’s the case, then they changed their position and they agree with the judge,” Soloway said. “So they were very cooperative.”
In a statement, Vandiver said the judge “made the right decision” by postponing these proceedings and stopping, at least temporarily, Velandia’s deportation.
“We are breathing a sigh of relief that we will be able to live in peace for a few more months, now that the immediate threat of deportation has been removed,” Vandiver said. “We treasure every day we have together. But couples like us are still being torn apart every day. Every day, spouses of gay and lesbian Americans are facing deportation and denied access to green cards only because of the Defense of Marriage Act.”
Robin McGehee, director of GetEQUAL, which rallied at the Newark court in support of Velandia along with other LGBT groups, said Velandia and Vandiver’s friends are “all certainly breathing a sigh of relief” in the wake of the decision and noted the couple has “a bit of time to re-group, re-connect, and re-strategize about how to move forward.”
“It’s unbelievable that couples like Henry and Josh are being forced to go through the emotional and financial stress of this process, while straight couples experience nothing of the sort — we’re committed to standing beside this couple, and the tens of thousands of other same-sex bi-national couples who are facing similar scenarios across the country,” McGehee said.
Soloway noted the judge’s action is only temporary reprieve for Velandia and called on the Obama administration to take action to prevent the deportations of foreign nationals in same-sex marriages until a final decision is made on the constitutionality of DOMA.
“The administration must act now to institute a moratorium on all deportations of spouses of gay and lesbian Americans to ensure that all same-sex bi-national couples are protected until the fate of DOMA is determined by Congress or the Supreme Court,” Soloway said.
Questions still remain about whether Velandia will be able to remain in the United States following the hearing in December. Soloway said the implications of the attorney general’s order and possible action from the Obama administration are still unclear.
“We simply don’t know what the scenario will be come December,” Soloway said. “We are hopeful that what we are seeing is evidence that the administration understands the crisis that bi-national couples are facing and that they’re looking for ways to develop remedies and implement them.”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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