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DOMA repeal enjoys record support at end of 112th Congress

LGBT group optimistic sponsorship will grow as more marriage-equality backers take seats

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Rep. Maxine Waters is the latest sponsor of DOMA repeal (photo public domain)

Rep. Maxine Waters is the latest sponsor of DOMA repeal (photo public domain)

Legislation that would repeal the Defense of Marriage Act is enjoying record support as the year comes to a close — and an LGBT group backing the bill is optimistic that strength will grow further as additional lawmakers who support marriage equality take their seats at the start of the next Congress.

Upon introduction in the U.S. House early last year, the bill — known as the Respect for Marriage Act — had 109 sponsors, but the total number of has now grown to 159. That’s short of the 218 needed for a majority vote needed for passage, but still a record number.

Marc Solomon, national campaign director for Freedom to Marry, said that number of sponsors was achieved after setting a goal upon the bill’s introduction of finding 50 more sponsors and undertaking a coordinated effort with additional groups to win more support.

“Freedom to Marry set out a goal of adding 50 more sponsors this Congress, and have had dozens and dozens of lobby visits with members and their staff,” Solomon said. “For lobbying members of the Congressional Black Caucus, we partnered up with the National Black Justice Coalition and the ACLU, and for GOP members, we worked with Log Cabin and our GOP lobbyist, Kathryn Lehman.”

The most recent addition to the list of co-sponsors is Rep. Maxine Waters (D-Calif.), who signed as a co-sponsor to the bill on Nov. 16 after Election Day. In a statement to the Washington Blade, Waters said she decided to co-sponsor the bill to provide benefits to married same-sex couples that currently aren’t afforded to them because of DOMA.

“I was very pleased to support the Respect for Marriage Act, critical legislation that would ensure same-sex couples are afforded the same federal benefits as other married couples within states that recognize their unions,” Waters said. “Under current law, same-sex married couples are denied important protections such as Social Security survivor benefits, immigration rights, and family and medical leave.”

Waters’ support also builds on the number of co-sponsors to the bill who are also members of the Congressional Black Caucus. Her support means nine additional caucus members have signed on this year alone, and 34 out of 42 total caucus members are sponsors of the bill.

Of the 159 sponsors to the bill, only one is a Republican. Rep. Ileana Ros-Lehtinen (R-Fla.), the only congressional Republican to support marriage equality, signed on as a co-sponsor last year.

Solomon said the bill’s strength is the largely the result of “tremendous growth” in Democratic support for the bill. Upon introduction, the bill enjoyed support from 55 percent of the House Democratic caucus, but the 112th Congress closes with 80 percent of House Democrats counted as co-sponsors.

“It demonstrates that, for Democrats, supporting the freedom to marry and repeal of DOMA has  become nearly the default position, the only acceptable position to take,” Solomon said.

Solomon said he expects the already high number of sponsors to be topped in the next Congress because of the 49 Democrats who were elected to the U.S. House for the first time on Election Day, 46 were explicit supporters of marriage equality.

In addition to newly elected openly LGB members of Congress — Sean Patrick Maloney, Kyrsten Sinema, Mark Pocan and Mark Takano — this list includes Patrick Murphy of Florida, who unseated Rep. Allen West (R-Fla.) and  Joseph Kennedy III of Massachusetts, who’ll take the seat currently occupied by gay Rep. Barney Frank (D-Mass.)

According to the Human Rights Campaign and Freedom to Marry, the newly elected House Democrats won’t don’t support marriage equality are William Enyart of Illinois, Filemon Vela of Texas and Pete Gallego of Texas.

“All together, this demonstrates tremendous momentum at the federal level for eliminating this discriminatory law that hurts loving and committed couples and their families, and more generally tremendous momentum for the cause across the board,” Solomon said.

The strong end to the Respect for Marriage Act in the 112th Congress comes at same time that the U.S. Supreme Court is set to consider on Friday taking up litigation that would overturn DOMA through the judicial process. The court is widely expected to take up at least one DOMA case and a ruling on the anti-gay law is expected by the end of June.

But passage of the legislation may still be necessary. Rep. Jerrold Nadler (D-N.Y.), chief sponsor of the Respect for Marriage Act, earlier told the Washington Blade passage of his bill is still needed it contains a “certainly clause” that would allow federal benefits to flow to married same-sex couples even if they relocate to states where it’s not recognized. It’s unclear hether a court ruling against DOMA would achieve the same goal.

Waters noted the incoming House Democratic caucus will be “majority-minority” — it’ll have a never-before-seen representation of women, ethnic minorities and LGBT members — and said that diversity makes it incumbent upon the caucus “to recognize and respect the personal dignity of all our colleagues and their families.”

“Today, with the support of President Obama, and a steady shift in public attitudes trending in support of marriage equality, I believe that it is only a matter of time before we see a complete end to DOMA – a discriminatory law that violates fundamental principles of liberty and equal protection guaranteed under the Constitution,” Waters said.

CORRECTION: An initial version of this article, citing a list provided by Freedom to Marry, incorrectly stated the position on same-sex marriage held by William Enyart, Filemon Vela, Don Payne and Bill Foster. Additionally, an initial posting gave an incorrect title for Marc Solomon. The Blade regrets the error. The updated version also removes language speculating the bill would have fewer co-sponsors upon reintroduction.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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