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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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National

Man charged in Mall of America shooting plot inspired by Pulse massacre: report

Suspect exchanged hundreds of messages, pledged loyalty to ISIS

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The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud with planning a crime of terrorism.

The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community. 

According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.

“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”

According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.

The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS. 

According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”

“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”

This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.

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California

Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’

Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot

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(Screenshot of Steven Hilton ad)

Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and —  fill out a ballot voting for Steve Hilton? 

This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons. 

Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community. 

“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said. 

The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”  

Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies. 

Conservatives have also criticized the ad.

Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors. 

“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.” 

The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court. 

Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.

Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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