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Boehner panel appeals ruling against DOMA

House Democrats ‘decline to support’ filing in favor of anti-gay law

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A panel led by House Speaker John Boehner (R-Ohio) filed a notice on Friday to appeal a district judge’s ruling against the constitutionality of the Defense of Marriage Act to a higher court.

The three-page notice states that the Bipartisan Legal Advisory Group of the U.S. House “respectfully appeals” the ruling earlier this week against the anti-gay law to the U.S. Ninth Circuit Court of Appeals. The notice doesn’t offer a reason for the grounds for appeal.

On Wednesday, U.S. District Judge Jeffery White — appointed to the bench by former President George W. Bush — ruled against DOMA in the case of Golinski v. United States, saying the statute “unconstitutionally discriminates against married same-sex couples.” The decision announced on Friday appeals this decision to the Ninth Circuit.

Fred Sainz, vice president of communications at the Human Rights Campaign, called the appeal “unfortunate but to be expected” from Boehner and Republican leadership.

“The Republican House leadership clearly believes that continuing to deny committed gay and lesbian married couples the rights they so richly deserve is a part of their mission as elected officials,” Sainz said. “The fact that our hard earned tax dollars is paying for this folly is both insulting and demeaning to all LGBT people.”

The Bipartisan Legal Advisory Group is made up of Boehner, House Majority Leader Eric Cantor (R-Va.), House Majority Whip Kevin McCarthy (R-Calif.), House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.). The notice of the appeals states that Pelosi and Hoyer “decline to support the filing of this notice of appeal.”

Drew Hammill, a Pelosi spokesperson, slammed House Republican leadership for its continued defense of DOMA in court.

“The District Court in Northern District of California flatly rejected the arguments of Speaker Boehner and his taxpayer-funded lawyers that insulted millions of Americans and their families,” Hammill said. “The court made it clear that there is no legitimate interest in denying a class of couples the rights and responsibilities guaranteed to married couples under state law.”

Hammill also took issue with the amount of money that Boehner devoted to defending the anti-gay law. Last year, the speaker bumped up the cost cap of defending DOMA to $1.5 million.

“Over the past year, the initial $500,000 in outside legal fees Speaker Boehner plans to spend has tripled to $1.5 million without any vote of the BLAG,” Hammill said. “That is a tremendous amount of taxpayer money expended, on a purely partisan basis, to defend discrimination.  With progress on marriage equality coming from all corners of our country, Speaker Boehner would have been better served and saved taxpayers’ money if he had more carefully reviewed the district court’s ruling and had declined to file a notice of appeal.”

The House took up defense of DOMA after the Obama administration announced last year that it would no longer defend the anti-gay law in court. A spokesperson for Boehner deferred comment to counsel on why the appeal was necessary, but lawyers working on behalf of the panel didn’t immediately respond to a request to comment.

A White House spokesperson deferred comment to the Justice Department, which didn’t respond on short notice to comment on House leadership’s decision to appeal the decision.

Lambda Legal, along with Morrison & Foerster LLP, filed the case in 2008 on behalf of Karen Golinski, who was denied spousal health benefits by her employer, the U.S. Ninth Circuit Court of Appeals in San Francisco. Golinski has been partners with Amy Cunninghis for more than 20 years, and the two were legally married in 2008 under California law before Proposition 8 took away marriage rights for gay couples in the state.

Tara Borelli, a Lambda staff attorney, expressed confidence that the lower court ruling would stand up on appeal to the Ninth Circuit.

“We are confident Judge White’s thorough and well-reasoned decision will stand the test of time,” Borelli said. “We do not know what the grounds of this appeal may be, but one thing we do know: DOMA is doomed, and efforts to extend this discriminatory law, while not unexpected, serve only to harm loving couples and families.”

 

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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