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Senate DOMA repeal hearing set for July 20

Witnesses to be announced at later time

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Sen. Patrick Leahy (Blade file photo by Michael Key).

The Senate Judiciary Committee has announced that an anticipated hearing on legislative repeal of the Defense of Marriage Act has been set for July 20.

According to a notice, the hearing on DOMA repeal legislation, also known as the Respect for Marriage Act, will take place July 20 at 10 a.m. in Room 226 the Dirksen Senate Office Building. Witnesses who will testify at the hearing, which would be the first-ever in Congress against, DOMA will be announced in the coming days.

Sen. Patrick Leahy (D-Vt.), the chair of the Senate Judiciary Committee, is co-sponsor of the legislation that would repeal DOMA, which prohibits the federal government from recognizing same-sex marriages. In the Senate, the legislation is sponsored by Sen. Dianne Feinstein (D-Calif.), while Rep. Jerrold Nalder is the lead on House version of the legislation.

In a statement, Marc Solomon, national campaign director for Freedom to Marry, praised Leahy for holding the hearing at a time when New York recently approved a law legalizing same-sex marriage.

“Until DOMA’s enactment, the federal government had always honored marriages celebrated in the states,” Solomon said. “It’s time for Congress to end this gay exception and allow legally married same-sex couples access to the tools and security available to all other couples to build a life together and protect their families.”

Should Leahy decide to report out the DOMA repeal legislation during the hearing, he would have the votes to do so. The legislation has the necessary 10 votes in committee to move to the Senate floor.

All but one of the Democrats on the committee — Sen. Amy Klobuchar (D-Minn.) — are co-sponsors of the legislation. Klobuchar has said she’d support for the legislation should it come up for a vote.

Rick Jacobs, founder and chair of the Courage Campaign, said the first congressional hearing against DOMA marks a significant milestone for the LGBT community.

“In this particular calendar year and maybe since 2008, the word ‘historic’ has become cliche, but it’s true every single time,” Jacobs said. “I cannot underscore sufficiently how historic it is that the Judiciary Committee of the United States Senate is holding a hearing on repealing DOMA.”

Courage Campaign has been mounting a grassroots efforts to encourage more senators to sign on in support of DOMA repeal. This week, Sens. Bernie Sanders (I-Vt.) and Jeff Bingaman (D-N.M.) announced they would sign on as co-sponsors, bringing the total number of co-sponsors to 28. Klobuchar’s support raises that number to 29.

In a statement, Sen. Kirsten Gillibrand (D-N.Y.), a co-sponsor of the DOMA repeal bill, also praised Leahy for his decision to hold a hearing on DOMA repeal.

“Marriage is the true foundation for strong families,” she said. “Every loving, committed couple deserves the basic human right to get married, start a family, and have access to all the same rights and privileges that my husband and I enjoy. No politician should stand in the way of this fact.”

Gillibrand continued, “If Democrats and Republicans can come together to do what’s right in New York, I know we can do the same in Congress to do what’s right for all of America. Now is the time to act on the federal level.”

Jacobs said he hopes the personal stories from witnesses at the hearing will provide greater education on what the restrictions that DOMA imposes on same-sex couples and convince more senators beyond the 29 who have already expressed support to announce they will back the repeal bill.

“We hope what comes out of the hearing is a clear understanding by the American people of what the Defense of Marriage Act is, and the harm that it causes, and it’s unique historical nature,” Jacobs said. “It’s the only piece of legislation in American history that put the federal government in a position of interfering with the right of states to define marriage.”

One additional senator that Jacobs is eyeing as a potential new co-sponsor for the bill is Sen. Scott Brown (R-Mass.), who voted for “Don’t Ask, Don’t Tell” repeal and who’s facing re-election in a heavily Democratic state in 2012.

“I think that he should be looking very, very carefully at this,” Jacobs said. “He’s sitting frankly in a aberrational seat there and he’s going to run again in Massachusetts. People in Massachusetts favor equality.”

Brown’s office didn’t immediately respond to Washington Blade’s request to comment on what the senator’s position on the Respect for Marriage Act is.

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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

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

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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

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

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.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

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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