National
Will Obama drop gov’t defense of ‘Don’t Ask?’
Court orders administration to announce its intent within 10 days
A federal appellate court on Monday directed the Obama administration to announce within 10 days whether or not it will continue to defend “Don’t Ask, Don’t Tell” in court in the wake of its decision to no longer litigate on behalf of the Defense of Marriage Act.
In an order dated July 11, the U.S. Ninth Circuit Court of Appeals states that the Justice Department must announce if it will continue to defend “Don’t Ask, Don’t Tell,” or, as was the case with DOMA, allow Congress to intervene to take up defense of the military’s gay ban.
“The Government is hereby ordered to advise the court whether it intends to submit a report to Congress … outlining its decision to refrain from defending [‘Don’t Ask, Don’t Tell’],” the order states. “The Government is further ordered, if such a report is to be submitted, to advise whether it will do so within such time as to enable Congress to take action to intervene in timely fashion in this proceeding.”
The order states that this notification must be submitted within 10 days and take the form of letters to the court no longer than 10 pages or 2,800 words in length. A Justice Department spokesperson didn’t immediately respond to the Washington Blade’s request for comment on the issue.
The executive branch of the U.S. government has the authority to refrain from defending laws in court it believes are unconstitutional, but must notify Congress to provide that body the opportunity to take up defense of such laws.
That’s the situation that played out with DOMA. On Feb. 23, U.S. Attorney General Eric Holder notified Congress the Justice Department would no longer defend DOMA because the Obama administration determined the anti-gay law was unconstitutional. Following a party-line vote from the Bipartisan Legal Advisory Group, U.S. House Speaker John Boehner (R-Ohio) directed House general counsel to defend the anti-gay law and hired private attorney and former U.S. solicitor general Paul Clement to assist in the defense.
Holder says in the letter the administration came to the conclusion that DOMA was unconstitutional because all laws related to sexual orientation — not just DOMA — should be subject to heightened scrutiny under the law. “Don’t Ask, Don’t Tell” would fall under this category.
In the wake of this determination for laws related to sexual orientation, the Ninth Circuit directs the government to clarify whether it will continue to defend “Don’t Ask, Don’t Tell.”
Dan Woods, an attorney with White & Case LLC who’s representing Log Cabin in the lawsuit, said the order in the case is “a really good thing” for opponents of “Don’t Ask, Don’t Tell.”
“It’s a really good thing that they’ve asked the government to decide whether they’re going to defend the constitutionality of ‘Don’t Ask, Don’t Tell’ or not,” Woods said. “They’re trying to have to both ways, and the Ninth Circuit is now forcing them to take an official position on that.”
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, also praised the Ninth Circuit for directing the U.S. government to make its position clear on “Don’t Ask, Don’t Tell.”
“The Court of Appeals for the Ninth Circuit is correctly pressing the Department of Justice and Department of Defense on whether or not they intend to defend the constitutionality of ‘Don’t Ask, Don’t Tell,'” Sarvis said. “It is our hope they will not continue to do so, and we will soon have finality with certification and repeal.”
In the order, the Ninth Circuit also notes that the U.S. government hasn’t asserted “Don’t Ask, Don’t Tell” in its most recent legal briefs defending the statute and observes that the gay ban is active despite the repeal law that was signed last year.
“Therefore, the central issue this court must address on appeal is whether the district court properly held that [‘Don’t Ask, Don’t Tell’] is unconstitutional,” the order states. “No party to this appeal has indicated an intention to defend the constitutionality of [‘Don’t Ask, Don’t Tell’] or to argue that the constitutionality holding of the district court should be reversed.”
Under the repeal law signed in December, “Don’t Ask, Don’t Tell” won’t be off the books until 60 days pass after the president, the defense secretary and the chair of the Joint Chiefs of Staffs certify the military is ready for open service. Troops have been undertaking training to prepare for “Don’t Ask, Don’t Tell,” but certification has yet to take place.
In addition to ordering the U.S. government to declare whether it will continue defending “Don’t Ask, Don’t Tell,” the Ninth Circuit directs both parties in the case — plaintiffs and defendants — to explain why the case shouldn’t be considered moot in the wake of passage of repeal legislation.
Woods said he’s prepared to refile briefs explaining why the litigation should remain ongoing to comply with the court order.
“We’re happy to brief this again and we don’t think the case is going to be moot, we don’t think it should be dismissed because, among other things, there’s still this talk about repealing the repeal [in Congress],” Woods said. “There’s a bill pending to repeal the repeal. That should make it clear that this case shouldn’t be dismissed.”
The order comes after a three-judge panel on the Ninth Circuit on Wednesday reinstituted an injunction prohibiting the federal government from enforcing “Don’t Ask, Don’t Tell” as a result of the case, known as Log Cabin Republicans v. United States. On Friday, the Pentagon issued a moratorium on discharges under the gay ban to comply with this court order.
Observers are still awaiting the decision from the Justice Department on whether it will appeal the decision to reinstate the injunction.
“We don’t know that,” Woods said. “They haven’t decided that yet. We haven’t heard from the government one way or the other whether they’re going to seek some further review of last week’s Ninth Circuit order.”
Florida
Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term
State’s 20th Congressional District’s includes Broward, Palm Beach Counties
Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.
Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.
Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.
For Manley, those experiences are precisely what he believes Congress is missing.
“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”
Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.
“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”
He argues that lived experience offers a perspective often missing on Capitol Hill.
“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”
According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.
“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.
As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.
“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”
His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.
Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.
“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”
His personal experiences also inform his healthcare agenda.
“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”
California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.
Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.
Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.
“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.”
Florida
Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges
Democrat narrowly lost to DeSantis in 2018, later came out as bisexual
Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.
Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.
Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.
Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.
The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.
During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.
The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.
In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.
Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.
In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.
This is not the first time Gillum has faced legal scrutiny.
During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.
Pennsylvania
Philadelphia murder suspect remains at large
Two killed, one injured in attacks motivated by victims’ sexual orientation
Police seek the public’s support in finding a suspect wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. All three shootings took place near Hunting Park Recreation Center between May 29 and June 26.
The suspect is 21-year-old Jahylin Melchur, who has not been located by police and is not in police custody as of July 7. Police seek the public’s support in tracking down the suspect, whose image was captured on surveillance cameras. Previous reporting underlined that Melchur should be considered armed and dangerous.
Each of the victims was found partially clothed between 10 and 11 p.m.
On May 29, a 55-year-old in Juniata Park was found two miles from the rec center. The victim, who survived the encounter with critical injuries, said a man approached him and announced his intention to rob him, before shooting him in the elbow and torso.
Martin Higgins, 45, was pronounced dead on the bleachers of the rec center’s baseball field on June 20, suffering from a gunshot wound to the abdomen. Sharef Holman, 29, was found near the basketball courts on June 26, suffering from multiple gunshot wounds. He was transported to Temple University Hospital but died shortly thereafter.
Deputy Police Commissioner Frank Vanore declined to answer the Philadelphia Inquirer’s question regarding whether the victims may have met Melchur on a dating app, citing the ongoing investigation. Sources told the Philadelphia Inquirer that investigators are exploring this possibility
Although robbery may be at least part of the motive in the first shooting, other movies are unclear.
NBC10 reported that law enforcement sources told the station all three victims were targeted because they were gay, but the Philadelphia Police Department did not confirm this.
The Philadelphia Police Department replied to PGN’s questions with an email stating, “This remains a very active investigation, and investigators are looking at all aspects of the case, including underlying motivations for committing these crimes.
“At this point, we can confirm that Melchur is wanted for two homicides by shooting and one non-fatal shooting, all of which occurred in the Hunting Park area.
“The investigation has not established that the victims were specifically targeted because of their sexual orientation.”
The Philadelphia Police Department is urging anyone with information to contact the Homicide Unit at 215-686-3334 or submit an anonymous tip by calling the PPD Tip Line at 215-686-TIPS (8477).
(This story is republished with permission of the Philadelphia Gay News.)
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