National
House Dems enter fight in Calif. case against DOMA
Pelosi, Nadler lead group of 132 lawmakers
House Minority Leader Nancy Pelosi (Blade photo by Michael Key)
A group of 132 House Democrats — led by House Minority Leader Nancy Pelosi (D-Calif.) and Rep. Jerrold Nadler (D-N.Y.) — filed on Tuesday a friend-of-the-court brief against the Defense of Marriage Act to assist litigation challenging the anti-gay law.
The brief was filed before the U.S. Ninth Circuit Court of Appeals in the case of Golinski v. U.S. Office of Personnel Management. Lambda Legal and Morrison & Foerster filed the suit on behalf of Karen Golinski, a court employee at the U.S. Ninth Circuit of Court of Appeals who’s seeking partner benefits for her spouse, but was denied them because of DOMA.
In addition to Pelosi and Nadler, Democrats who signed the amicus brief against DOMA include all members of Democratic leadership — including House Democratic Whip Steny Hoyer (D-Md.) and Assistant Minority Leader Jim Clyburn (D-S.C.) — as well as Rep. John Conyers (D-Mich), ranking member of the House Judiciary Committee, and all four openly gay members of Congress: Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.).
The Obama administration stopped defending DOMA in court in February 2011. The Bipartisan Legal Advisory Group, or BLAG, a House body convened by Speaker John Boehner (R-Ohio), has since taken up defense of the anti-gay law in the administration’s stead.
The 30-page brief makes the case against Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, in several ways, emphasizing that BLAG doesn’t speak for the entirety of the U.S. House. House Democrats have pledged to file a brief in each case where BLAG acts to defend DOMA.
First, the lawmakers argue DOMA warrants heightened scrutiny because Congress has a history of targeting gay and lesbian Americans with discriminatory laws — a position that is held by the Obama administration.
House Democrats then argue that DOMA is unconstitutional because Congress hastily passed it in 1996 for political reasons and because the law undercuts Congress’ interest in protecting families and respecting state sovereignty.
“Congress did not proceed “cautiously” as BLAG now suggests, … but acted hastily, and in a manner that reflects the reality that, as a historically disfavored minority, gay men and lesbians have often been targeted for harm based on stereotypes, bias, and the unfortunate desire to create partisan wedge issues for political gain,” the brief states.
Shelbi Day, a staff attorney for Lambda Legal, said the brief filed by House Democrats “sends a powerful message” and would boost arguments that DOMA is unconstitutional.
“The brief filed by Democratic leadership of the U.S. House of Representatives, joined by 130 other House Members sends a powerful message and underscores just how problematic and unconstitutional DOMA is,” Day said. “As the brief points out, DOMA is not the rational result of impartial lawmaking but rather was enacted in haste with no legitimate government purpose. We welcome this brief and applaud the members of Congress who have signed it.”
It’s not the first time that House Democrats have filed a friend-of-the-court brief asserting DOMA is unconstitutional. In November, House Democrats filed a similar brief before the U.S. First Circuit Court of Appeals in the consolidated case of Gill v. U.S. Office of Personnel Management and Commonwealth of Massachusetts v. U.S. Department of Health & Human Services.
The appeals court has since issued a decision that the anti-gay law is unconstitutional. Late last month, Boehner appealed the First Circuit decision finding DOMA unconstitutional to the Supreme Court.
The names on this brief are almost identical to the previous brief, although there are some differences. Former Rep. Jay Islee signed the first brief but not the second because he’s since retired from Congress to run for governor of Washington State. Former Rep. Donald Payne of New Jersey signed the first brief, but died on March 6 as he was battling colon cancer.
But a new name on the brief is Rep. Suzanne Bonamici (D-Ore.). The lawmaker, a co-sponsor of the Respect for Marriage Act, wasn’t yet elected to office at the time the first brief was filed. Bonamici won a special election on Jan. 31.
Other parties have filed friend-of-the-court briefs in support of the anti-gay law. Among them is one filed by Senate Republicans, including Senate Minority Leader Mitch McConnell (R-Ky.), Republican attorneys general from 14 states; and another from Republican former U.S. attorneys general Edwin Messe and John Ashcroft.
Oral arguments in the Golinski case are set before the Ninth Circuit for the week of Sept. 10. The Justice Department has asked the Supreme Court to consider the case along with Massachusetts v. HHS, but oral arguments will take place regardless before the Ninth Circuit in September because justices won’t be able to decide whether to hear the case until they return from summer recess in October.
NOTE: The last paragraph of this article has been edited for clarity.
The White House
Judy Shepard to receive Presidential Medal of Freedom
Nancy Pelosi is also among this year’s honorees
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).
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
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.”
Federal Government
Republican state AGs challenge Biden administration’s revised Title IX policies
New rules protect LGBTQ students from discrimination
Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.
The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.
The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.
“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”
“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”
After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”
The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.
LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”
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