National
BREAKING: Second Circuit latest to strike down DOMA
Anti-gay law ruled unconstitutional in 2-1 decision

The Second Circuit ruled that DOMA is unconstitutional against Edith Windsor‘s legal challenge against the law (Washington Blade file photo by Michael Key)
A federal appeals court has ruled the Defense of Marriage Act is unconstitutional in case filed by a New York widow who’s challenging the statute on the basis that it unfairly forced her to pay $363,000 in estate taxes.
In a 2-1 decision, the U.S. Second Circuit Court of Appeals ruled against Section 3 of DOMA on the basis that it violates equal protection under the Fifth Amendment of the U.S. Constitution.
The majority opinion came from Chief Judge Dennis Jacobs, who wrote the decision, and Judge Christopher Droney. Judge Chester Straub dissented by asserting DOMA is constitutional.
“DOMA’s classification of same-sex spouses was not substantially related to an important government interest,” the decision states. “Accordingly, we hold that Section 3 of DOMA violates equal protection and is therefore unconstitutional.”
The plaintiff in the lawsuit, which was filed by the American Civil Liberties Union, is 83-year-old lesbian Edith Windsor, who in 2009 had to pay $363,000 in estate taxes upon the death of her spouse, Thea Spyer, because DOMA prohibits the federal recognition of same-sex marriage.
In a statement, Windsor praised the Second Circuit for coming to the conclusion that DOMA is unconstitutional.
“This law violated the fundamental American principle of fairness that we all cherish,” Windsor said. “I know Thea would have been so proud to see how far we have come in our fight to be treated with dignity.”
The decision means seven federal courts — eight if a bankruptcy court ruling is included — have now determined DOMA is unconstitutional at a time when numerous cases challenging the anti-gay law are pending for consideration before the U.S. Supreme Court. The high court hasn’t yet determined whether it will take up the constitutionality of DOMA, but is likely to do so. The Second Circuit is also the second appeals court to strike down DOMA. The First Circuit ruled against the law in May.
The next step in the process is for House Republicans to appeal the decision either to the full Second Circuit or the Supreme Court, which has already been asked to take up the Windsor case along with several other DOMA cases. The high court will then decide the constitutionality of DOMA once and for all on a nationwide basis.
Susan Stenger, an appeals court attorney who’s handled LGBT rights cases for the Boston-based firm Burns & Levinson, said it’s unlikely DOMA proponents would pursue en banc review in the cases because so many other lawsuits against the anti-gay law are already pending before the Supreme Court.
“The fact that there’s a dissent [means] they might try en banc review, but also knowing that this will ultimately go to the Supreme Court, I would think they wouldn’t bother,” Stenger said. “Why waste time and resources when if an en banc changed anything, whomever lost would certainly appeal?”
Dennis, who was appointed by President George H.W. Bush, wrote the majority decision against DOMA even though he has reputation for being a conservative judge. Joining him was an Obama appointee, Droney. The dissenting judge, Straub, was appointed by former President Clinton.
In addition to ruling against DOMA, the judges determined the anti-gay law should be subject to heightened scrutiny, or a greater assumption that the law is unconstitutional. The Second Circuit is the first appeals court to determine that DOMA should be subject to this level of review.
Based on precedent the Supreme Court set in earlier court cases, the court offers four reasons — including the history of discrimination faced by LGBT people — as reasons why DOMA should be subject to heightened scrutiny.
“In this case, all four factors justify heightened scrutiny: A) homosexuals as a group have historically endured persecution and discrimination; B) homosexuality has no relation to aptitude or ability to contribute to society; C) homosexuals are a discernible group with non-obvious distinguishing characteristics, especially in the subset of those who enter same-sex marriages; and D) the class remains a politically weakened minority,” the decision states.
Douglas Nejaime, who’s gay and a law professor at Loyola Law School, called the Second Circuit’s decision to apply heightened scrutiny against DOMA “very significant” because it means the Supreme Court will have to weigh in on the matter in addition to the law itself.
“As a practical matter, this makes it even more difficult for the Supreme Court to avoid the question of heightened scrutiny,” NeJaime said. “If the Gill decision from the First Circuit was the only federal appellate decision striking down DOMA, the Court could have struck down DOMA — upholding that decision — without passing on the level-of-scrutiny question. But with the Second Circuit’s decision in Windsor, the Court is more likely to address heightened scrutiny.”
NeJaime added that as a result of the Second Circuit application of heightened scrutiny, courts are now more likely to find state marriage bans unconstitutional as well as anti-gay laws related parental rights and public employment discrimination.
Notably, the decision rejects an argument proposed by private attorney Paul Clement — who’s advocating on behalf of the anti-gay law for the House Republican-led Bipartisan Legal Advisory Group — that Windsor’s case should be sent to the New York Court of Appeals for certification because Spyer died at a time before New York legalized same-sex marriage.
The appeals court says certification is unnecessary because the New York Court of Appeals has expressed a disinclination to decide the question and because New York’s intermediate appellate courts are unanimous on the issue. At that time of Spyer’s death in 2009, Windsor’s marriage was recognized in New York by an executive order issued by then-Gov. David Paterson.
“Given the consistent view of these decisions, we see no need to seek guidance here,” the decision states. “Because Windsor’s marriage would have been recognized under New York law at the time of Spyer’s death, she has standing.”
The court also rejects an argument posed by Clement that the court should uphold DOMA because of precedent set by Baker v. Nelson, a 1972 case challenging Minnesota’s prohibition on same-sex marriage that the Supreme Court refused to hear for want of federal question.
Judges say Baker isn’t controlling because in the 40 years following the case there have been “manifold changes to the Supreme Court’s equal protection jurisprudence” and because the lawsuits are distinct: Baker was about same-sex marriage within a state while the Windsor is about a federal law.
“After all, Windsor and Spyer were actually married in this case, at least in the eye of New York, where they lived,” the decision states. “Other courts have likewise concluded that Baker does not control equal protection review of DOMA for these reasons.”
James Esseks, director of the ACLU LGBT Project, shared in the jubilation that the court’s reasoning led the judges to rule against the anti-gay law.
“Yet again, a federal court has found that it is completely unfair to treat married same-sex couples as though they’re legal strangers,” Esseks said. “Edie and Thea were there for each other in sickness and in health like any other married couple, and it’s unfair for the government to disregard both their marriage and the life they built together and treat them like second-class citizens.”
Rep. Jerrold Nadler (D-N.Y.), who was among the 144 House Democrats who signed a friend-of-the-court brief against DOMA in the Windsor case, also commended the judges for ruling in favor of a plaintiff who’s also his constituent.
“As the amicus brief I spearheaded in this case pointed out, and as the court agreed, there is no justification for denying Edie Windsor the same right as all other spouses to her full inheritance without paying a tax penalty,” Nadler said. “Edie lives in my congressional district, and was with her wife, Thea Spyer, for 44 years. The last thing she should have to worry about following the loss of her spouse is an unjust tax penalty imposed for no other reason than the fact that she and her wife were the same gender.”
In his dissenting opinion, Straub dissents in part and concurs in part, saying he disagrees with the majority opinion that DOMA is unconstitutional and the legislative approach is the appropriate course of action for those who want it lifted from the books.
“The Congress and the President formalized in DOMA, for federal purposes, the basic human condition of joining a man and a woman in a long-term relationship and the only one which is inherently capable of producing another generation of humanity,” Straub writes. “Whether that understanding is to continue is for the American people to decide via their choices in electing the Congress and the President. It is not for the Judiciary to search for new standards by which to negate a rational expression of the nation via the Congress.”
Stenger said she thinks the dissent will have value “to the people who disagree” with the majority opinion to justify their position, but otherwise have little impact.
“The Supreme Court obviously studies all the detail of a dissent in making its own decision, so it may find something in there persuasive, but technically it has no impact,” Stenger said. “It may just give food-for-thought to somebody who’s inclined to go in that direction.”
NOTE: This post has been edited and updated to include more information and reaction to the Second Circuit ruling.
National
At Alliance Defending Freedom’s summit, church and state are one
House Speaker Mike Johnson (R-La.) among speakers
Uncloseted Media published this article on July 23.
By SPENCER MACNAUGHTON | Earlier this month, hundreds of people filled a conference room in San Diego. These included Speaker of the House Mike Johnson, Assistant Secretary of Health Admiral Brian Christine, OpenAI executive Dean Ball, and the attorneys general of West Virginia and Idaho.
They all came together for Alliance Defending Freedom’s 2026 Summit. The Christian legal group, also a Southern Poverty Law Center-designated anti-LGBTQ hate group, described the event as a “gathering of leaders from many different spheres, including law, public policy, media, business, education, and Christian leadership.”
Johnson — who has said that “homosexual relationships are inherently unnatural and … society cannot give its stamp of approval to such a dangerous lifestyle” — was a featured speaker.
In his speech, he seemed unconcerned with the separation of church and state: “It is so encouraging to Kelly and I to be among friends and fellow warriors for this cause and people who understand that God is not done with America yet. … ADF’s on the very tip of the spear, front line, defending those very truths and keeping the door open for the spread of the Gospel. This is our moment. I’m telling you, I believe the next season … is going to be the greatest season of this ministry since its inception.”
That ministry is one that has espoused aggressively anti-LGBTQ views since its inception in the early 1990s. It was co-founded by a group of evangelical men, including Alan Sears, who co-authored a book called “The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today.” Since then, ADF has opposed gay marriage and supported bans on gay sex and on gender-affirming care for minors.
After helping overturn Roe v. Wade, ADF lawyers have led key victories at the Supreme Court. In 303 Creative v. Elenis, SCOTUS ruled that a website designer could refuse service to gay weddings. And this year they convinced the Court to overturn Colorado’s ban on conversion therapy and to uphold state laws in West Virginia and Idaho that ban trans girls from playing on girls’ sports teams.
At the summit, ADF President Kristen Waggoner, who has promoted conversion therapists and consistently misgenders trans people, interviewed these states’ attorneys general.
“The lawyers who were defending women’s sports were among the best I’ve ever seen in my entire life,” West Virginia Attorney General JB McCuskey told Waggoner.
Similar to Johnson, Trump’s Assistant Secretary of Health Christine showed his commitment to governing based on conservative Christianity. He gave a Bible-thumping speech against gender transition and trans healthcare, saying that it “contradicts … the deeper moral order that is woven into creation itself. For Genesis 1:27 informs us that God created man in his own image. … Male and female” He also said the “complementary relationship between man and woman is divine” and advocated for youth with gender dysphoria to receive care from a pastor.
All of these remarks from politicians made me think of the interview I published earlier this week with Pete Hegseth’s pastor, Doug Wilson. He wants a Christian theocracy in America and told me that: both the perpetrator and the victim should be disciplined in some cases of marital rape; that transgender people are “sad;” that execution is justifiable for certain homosexual acts; and that gay sex should be illegal.
The ADF Summit is glossy and polished. And while its messaging may be less explicit than Pastor Wilson’s, the track record of the organizations shows they have the exact same desires. They’re just deeply strategic in what they say and when and how they say it.
I believe the political power players who attended this year’s summit know this. They know they are endorsing an organization whose members have essentially called for the illegalization of most — if not all ‚ forms of queer behavior and presentation.
In the last few years, these perspectives have become increasingly embedded in the highest rooms of the federal government and they have been effective in stripping away LGBTQ rights. Wilson, who just installed a full-time pastor in Washington to lead services, says there are 10 to 20 government officials who align with his church’s ideology.
It is vital for Americans to keep their eyes wide open to the ultimate goal of groups like ADF: to create a United States that leaves LGBTQ people without rights and that pushes us back in the closet.
Puerto Rico
LGBTQ ‘human rights crisis is unfolding in Puerto Rico’
Activist spoke at Congressional Hispanic Caucus briefing in D.C. on July 15
An activist from Puerto Rico who spoke at a Congressional Hispanic Caucus briefing last week in D.C. said anti-LGBTQ laws and policies have left the LGBTQ community in the U.S. commonwealth even more vulnerable.
“A human rights crisis is unfolding in Puerto Rico — one that disproportionately affects LGBT+ people, particularly transgender and nonbinary Puerto Ricans,” said True Self Foundation Executive Director Miguel Vázquez-Rivera.
The True Self Foundation and LatinoJustice PRLDEF participated in the briefing that took place on July 15.
Vázquez-Rivera during the briefing highlighted several anti-LGBTQ laws and policies that have been implemented since Gov. Jenniffer González took office in January 2025. These include Law 63-2025, which prohibits gender-affirming healthcare for anyone under 21, and Law 26-2026, which prohibits the University of Puerto Rico and other “government facilities” from installing “mixed or gender-neutral multi-occupancy restrooms.”
“The legislation aims to strengthen public safety standards while ensuring that no individual is subjected to unlawful discrimination,” noted the Puerto Rico Federal Affairs Administration on Feb. 25 in a press release after González signed it.
González, a Republican who is a member of the pro-statehood New Progressive Party, was Puerto Rico’s resident commissioner in the U.S. House of Representatives before she became governor. González supports President Donald Trump.
Vázquez-Rivera during the briefing highlighted anti-LGBTQ measures that have been introduced in the Puerto Rico Legislative Assembly. These include House Bill 164, which would prohibit transgender athletes from school sports teams that correspond with their gender identity, and House Bill 131, which would allow faith-based adoption agencies to deny services to same-sex couples.
“The overwhelming scientific evidence is clear: children raised by same-sex parents do just as well as those raised by different-sex parents,” said Vázquez-Rivera. “What matters is not the gender or the sexual orientation of the parents; but the presence of love, stability, and support.”
Trump upon taking office for a second time on Jan. 20, 2025, signed his “Defending Women from Gender Identity Extremism and Restoring Biological Truth to the Federal Government” executive order. Among its provisions is the federal government’s recognition of two genders: male and female.
Vázquez-Rivera noted “other proposals” in Puerto Rico “would recognize only ‘biological sex’ in government documents, prohibit inclusive language throughout public institutions, continue challenging recognition of nonbinary identities, and reverse protections for LGBT+ students previously adopted by the University of Puerto Rico.”
“The challenges facing LGBT+ Puerto Ricans cannot be viewed as isolated debates about healthcare, sports, bathrooms, or language,” said Vázquez-Rivera. “They are part of a much larger picture.”
“Puerto Rico is already confronting poverty, disaster recovery, healthcare shortages, and economic instability,” he added. “When discrimination is added to these realities, existing inequities become even deeper. Mental health worsens. Families are displaced. Communities become more vulnerable.”
Vázquez-Rivera further stressed “these issues are interconnected, and our response must be as well.” He also urged the LGBTQ rights movement to do more to support — and fund — advocacy efforts in Puerto Rico.
“Ultimately, this is not about granting special rights,” said Vázquez-Rivera. “It is about ensuring that more than three million American citizens living in Puerto Rico have the same opportunity to live healthy, safe, and dignified lives as every other American.”
The Puerto Rican government has not responded to the Washington Blade’s request for comment.
North Carolina
In the middle of the Bible Belt, a summer camp lets trans kids exhale
Adulthood feels possible at Transcending Adolescence
Uncloseted Media published this article on July 18.
By SAM DONNDELINGER | On a June night in rural North Carolina, dozens of campers sat around the fire as a counselor asked them to close their eyes.
“Picture a place where you feel completely safe,” they were told. “Think about what it looks like and how it feels, what you can hear, smell, and taste.”
When they were invited to share what they had imagined, one camper described sitting in a circle with other trans people. It was dark. Trees surrounded them. Mosquitoes buzzed.
“‘That place is here, and this is the place where I feel safe,’” Jacob Hofheimer, one of the camp’s founders, recalled the camper saying. “It got all of us.”
For many of the 8- to 17-year-olds who attend Transcending Adolescence, the weeklong summer camp offers a reprieve from the calculations they have to make in their day-to-day lives: Who knows they are trans? Who can be trusted? Which bathroom can they legally use?
At a time when 40 percent of transgender and nonbinary youth seriously considered attempting suicide in the past year, and 90 percent of LGBTQ youth reported that recent anti-LGBTQ laws, policies, and debates cause them stress or anxiety, those questions never disappear. But at this camp, young people are given space to ask them openly and to a community that understands why they need to.
“It really made me smile knowing that there’s a lot of people out there like me,” Ruby, a 12-year-old camper, told Uncloseted Media. “I’m putting myself out there, I’m being myself and no one judges me.”
Origins
Transcending Adolescence was founded in 2019 by Jacob and his wife Chrissy Hofheimer. The trans married couple wanted to create a camp for queer kids in America’s South, where affirming resources can be difficult to find.
Surrounded by thick woods and the backdrop of the Appalachian Mountains, campers swim, tie-dye shirts, complete ropes courses, roast marshmallows and perform in shows. They also gather for conversations about healthy relationships, medical care, legal rights, bathroom anxiety, coming out, misgendering, depression, substance use, and self-esteem.
“A huge part of it is that every single person there is trans or gender diverse, including the staff,” says Rory Sowers, a 19-year-old junior counselor from Florida. “That’s just something that you don’t get to experience a lot, especially as a young trans person.”
Sowers first attended Transcending Adolescence as a camper during its inaugural year in 2021. He returned three times before becoming a junior counselor.
“There’s so much that trans folks have to worry about just going about their day-to-day lives, especially living in the South,” Sowers says. “I was able to come into myself a lot more when I didn’t have all of those anxieties on my back.”
A place to be ‘just Ruby’
For 12-year-old Ruby, pre-camp anxiety was intense.
When she attended camp in June of last year, it was the first time traveling to another state without her parents.
“I was nervous about having someone there not really understanding me … and not really accepting me,” says Ruby, whose name has been changed to protect her privacy.
Outside camp, Ruby worries about how other people perceive her, according to her mom, Kate, whose name has also been changed. She says her daughter has to consider a litany of questions cis kids don’t have to worry about: “‘What if someone finds out? Are they looking at me? Do I look the part?’ … All these thoughts go through her head every single day.”
Before camp, Ruby had been struggling so intensely that her family had questioned whether it might feel easier for her “not to be who she was,” Kate says. Ruby had faced bullying in school, prompting her family to withdraw her and homeschool her for the remainder of fifth grade.
“I couldn’t really go anywhere without picking [at] myself because I was anxious,” Ruby says.
But when she arrived at camp, a lot of Ruby’s anxiety subsided. She didn’t have to introduce herself through the lens of being trans. She could just be herself: a funny, theatrical, outgoing 12-year-old who likes Beyoncé, improvises rap battles, and wants to be in the center of dance shows.
“She can just go there and just be [Ruby],” Kate says. “[Being trans] is only a little piece of her. There’s so much more to her, and she’s able to do that for the whole week. … It was completely life-changing for her.”
Research suggests that spaces like Transcending Adolescence can have powerful mental health effects.
Young people tend to fare better when they feel they belong and have access to peers and adults who understand them. In one small study from 2021, participants of a six-day LGBTQ summer camp reported increased resilience, self-esteem and quality of life. Focus groups indicated that transgender and nonbinary campers found an affirming environment that offered social opportunities they had been unable to find elsewhere.
Though this environment can be transformative, it’s intimidating at first for some. Jacob remembers asking one camper from Texas his pronouns during medical check-in, and the boy responding that he used “guy pronouns” because he “was a guy.”
Jacob recalled him being closed off and leery of the “hippie-dippy nonsense.”
But on the second-to-last night, Jacob overheard him speaking with a fellow camper.
“‘When I first came here, I thought that I was a disgusting, mutilated pig and an alien, and nobody would ever love me because I’m trans,’” Jacob recalls the camper saying. “‘And now I know that being trans doesn’t make me disgusting. It’s actually a beautiful thing.’”
He later texted Jacob to say the camp had given him confidence during the school year.
“‘Half the time, I forget that I’m trans,’” Jacob remembers him writing. “‘I’m just a guy. I’m just me.’”
“Finding places where you literally see yourself and can be seen by others for who you are is important during adolescence. It’s a human need,” Stephen Russell, professor of social and family dynamics at Arizona State University, told Uncloseted Media. “For trans youth, especially those who may not feel fully accepted at school, at home or in their faith communities, a camp where their identity isn’t something they have to navigate or defend, but is simply centered as part of who they are, can be transformative.”
Filling the gaps
The Hofheimers know that these spaces can transform the mental health of trans youth because they experienced it firsthand when they met while working as lifeguards at a summer camp for young queer people in New Hampshire.
The camp was doing important work, Jacob says, but many of its attendees came from privileged families in New England and other parts of the country where affirming programs were more accessible. Far fewer came from places such as Florida, Georgia, and Texas.
That’s why, for the location of the camp, they intentionally chose North Carolina, a state that has laws on the books that exclude trans girls from participating in sports, restrict the instruction of LGBTQ topics in schools and ban gender-affirming care for trans youth.
“Access is really, really important,” Chrissy says, adding that while the camp costs $1,975 for the week, they offer robust financial aid, including a $1,500 “no questions asked” subsidized rate for families who can’t afford it.
At the camp, the staff educates campers about anti-trans laws, coming out, and how to have conversations with their doctors about gender-affirming care.
“The kids want to talk about this stuff,” Jacob says. “That was the gap that we identified.”
For Chrissy, baking education into the camp’s programming is personal: When she was transitioning as a young adult, accessing informed medical care was difficult. During consultations, doctors either quoted prices she could not afford or refused to treat her. One told her that they did not “put boobs on men.”
Desperate to change her chest, Chrissy turned to a friend who had undergone illegal silicone injections without an apparent complication. She received what she believed were similar injections in Florida.
But the substance wasn’t silicone, she says, and it hardened and became intertwined with her breast tissue. Seventeen years later, Chrissy underwent a double mastectomy to fix the damage.
This experience became one of the driving forces behind the camp’s educational work.
“Accurate information might have changed the course of my life,” Chrissy says.
To provide information that breaks out of the TikTok and Reddit misinformation bubble many campers exist in at home, Chrissy and Jacob bring in experts and host nightly fireside chats.
Each night, campers gather around for structured conversations about the nuances of being trans. They talk about coping with misgendering, managing bathroom anxiety, identifying red and green flags in relationships, asking for help, and caring for their mental health.
Jacob, who is a certified nurse practitioner, helps answer questions about gender-affirming care. A trans attorney explains policies affecting campers in different states and separates the practical effects of those laws from incomplete information and political fearmongering.
“It made me think about the people who I tell I am trans to and what I have to do to make sure I feel comfortable telling them,” Ruby says. “It let me think about all these questions I had but didn’t really know how to ask.”
Building what comes next
Chrissy hopes the results from the camp’s program will eventually be replicated across the country.
For now, roughly 30 campers come together for one week each summer. Some arrive unhappy about being sent to camp. But by the final day, Sowers says, those same campers are often crying because they do not want to leave.
They return home to the same schools, states, and political climates where they have to decide when it is safe to disclose their identities and how to respond when someone does not understand them.
But at camp, Ruby, among the other campers, found a weeklong respite and saw trans adults who were not merely surviving but building careers, relationships, and communities.
“After the camp, I really haven’t been talking about how I feel insecure that I’m trans,” Ruby says. “I can’t wait to go back and see the people I met and [meet] new friends.”
