National
Legal effort to overturn DOMA offers ‘promising path’
Attorneys prepare for May court hearing in Boston
The organization spearheading a lawsuit challenging the Defense of Marriage Act is busy with preparations for what could be a monumental court case for LGBT Americans.
Lawyers on both sides of Gill v. U.S. Office of Personnel Management will come before the Federal District Court in Boston on May 6 to argue their cases.
The litigation, filed by Gay & Lesbian Advocates & Defenders, aims to overturn Section 3 of DOMA, which bars the federal government from recognizing same-sex marriages.
Evan Wolfson, executive director of Freedom to Marry, said the GLAD litigation is “a very important, very well prepared case” and “offers a very promising path to beginning to undo the destructive and unconstitutional so-called Defense of Marriage Act.”
“GLAD thought through very carefully the best way to present the core concerns, powerful stories and a smart remedy to maximize our chances of winning in the U.S. Supreme Court,” he said.
Wolfson said he’s certain that GLAD’s attorneys will “be very forceful” in explaining why the federal government’s treatment of same-sex married couples is “unacceptable and unconstitutional.”
The plaintiffs in the case are seven married same-sex couples and three widowers, including Dean Hara, the spouse of Gerry Studds, the late Massachusetts congressman and first openly gay person to serve in Congress.
GLAD contends that as a result of DOMA, which President Bill Clinton signed in 1996, these plaintiffs have been harmed in various ways, including the denial of survivor benefits, health insurance coverage and Social Security benefits, as well as being forced to pay additional federal income taxes. The litigation contends DOMA violates plaintiffs’ rights under the Equal Protection Clause.
Gary Buseck, GLAD’s legal director, said preparations for the court appearance involve submitting several documents to the court to make their case before Judge Joseph Tauro.
The documents, he said, include memoranda of law to the court, a series of affidavits from the plaintiff couples and widowers, and expert affidavits showing why these couples should be treated as a suspect class for heightened scrutiny from the court.
“What we’re trying to think about is best arguments and how to succinctly present our best arguments,” he said. “We’re trying to think about — given what the government has put to writing — what are they likely to lead with, and are we content with the responses that we’ve written, and trying to imagine what the judge might ask.”
Representing the seven married same-sex couples and three widowers seeking federal marriage benefits in Massachusetts will be Mary Bonauto, GLAD’s civil rights project director.
Six years ago, Bonauto was the lead attorney in Goodridge v. Department of Public Health, the state lawsuit that brought same-sex marriage to Massachusetts, making the Bay State the first in the country to legalize gay nuptials.
Buseck said Bonauto is working on being “as heavily as prepared as possible” so she can “answer any question.”
Buseck said the court appearance on May 6 for the GLAD case wouldn’t be the same as the trial earlier this year for Perry v. Schwarzenegger, a lawsuit in California aimed at overturning Proposition 8.
Because the U.S. government filed a motion to dismiss and GLAD filed a request for summary judgment, Buseck said he’s expecting about 45 minutes to an hour of courtroom activity May 6 instead of a trial lasting several weeks, as in the Perry case.
“We don’t know exactly how much time we’re going to have,” he said. “It’s not like an appeals court where they give you a set of block of time and that’s what you get. This is going to be a little more informal than that.”
The Justice Department didn’t respond to DC Agenda’s request to discuss the case.
Buseck said GLAD can guess how the U.S. government will present itself during the court appearance because of the briefs the Justice Department has already issued.
He noted the Obama administration has said it doesn’t agree with the findings Congress presented in 1996 when it passed DOMA and that it considers the statute is discriminatory, but will nonetheless defend the statute because it believes the statute is constitutional.
Buseck predicted that the government will argue it was rational for Congress to enact DOMA in 1996 in an effort to maintain the status quo and “wait and see how this cultural debate plays out.”
“That’s been their fundamental argument to date, and presumably that’s where they’re going to stick,” he said. “So we’re ready for that. We’ve had to respond to those arguments in writing already.”
Legal experts following the case of Gill v. OPM expect it to reach the U.S. Supreme Court and, if successful, the lawsuit would force the U.S. government to recognize same-sex marriages for federal tax purposes and for Social Security benefits.
Buseck said he thinks it’s possible a decision could come down from a trial court in the summer, but more likely a ruling will be issued this fall.
Following the decision, Buseck said the case would likely go to the First Circuit Court of Appeals at the beginning of next year with a possible decision in Spring 2012. If the case were to go to the U.S. Supreme Court, it could go on the 2012 term and be decided in June 2013.
But Buseck emphasized that those dates were a “ballpark” estimate and said “there’s a lot of things that could change those dates.”
Running concurrently with the Gill lawsuit in the Federal District Court in Boston is another case challenging DOMA last year by Massachusetts Attorney General Martha Coakley: Commonwealth of Massachusetts v. U.S. Department of Health & Human Services.
Like the Gill case, the state lawsuit challenges the section of DOMA that prohibits the federal government from recognizing same-sex marriage, but contends that it violates Massachusetts’ state right to regulate marriage under the Tenth Amendment.
The Commonwealth case will be heard in the same court and by the same judge, but the court date is scheduled for May 26.
Buseck said the Commonwealth case and the Gill case “complement each other” but “are in different boxes as far as legal theories go.”
“My sense is the judge will probably just for efficiencies’ sake somehow work on these cases together and it’s been my guess — but I’ve no reason to know that — I won’t be surprised if we get decisions on the same day,” Buseck said.
Florida
Intersex teacher alleges Fla. school fired him over perceived trans identity
Shepard Scalf filed a complaint with Equal Employment Opportunity Commission
An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.
Shepard Scalf in the filing says he was assigned female at birth but identifies as male.
According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans.
Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.
During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.
On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired.
According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”
“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”
According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.
In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.
The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.
“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”
Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.
“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.
America 250
Washington Blade publishes ‘Queering America 250’
New magazine chronicles LGBTQ history and contributions to U.S. culture
The Washington Blade this week published a new glossy magazine, titled “Queering America 250,” a look back at the many contributions that LGBTQ people have made to the founding of the country through the present day.
From Colonial times to modern pop culture, the magazine aims to remind readers of some of the many ways queer people have influenced American life.
“As the country commemorates 250 years, we wanted to do our part to ensure LGBTQ contributions to America were not ignored or forgotten,” said Blade Editor Kevin Naff. “As this administration seeks to erase queer identities, it’s more important than ever that we speak up and remind the world that we have always been here and always will be.”
The magazine is divided into chapters addressing queer life in Colonial times, the early 20th century, the late 20th century, and the 21st century. There’s a story about D.C.’s role in LGBTQ visibility; a top 40 moments in queer pop culture piece; and a series of opinion pieces and photo pages from the Blade’s historic archive.
The magazine is free and available across the D.C. region during Pride. It’s also available online.
You can find the magazine here: Annie’s, As You Are, Bunker, Crush, DIK Bar, District Eagle, Green Lantern, Her Diner, Jane Jane, JR.’s, Icon, Kiki, Larry’s Lounge, Little Gay Pub, Nellie’s, Number Nine, Pitchers, Red Bear Brewing, Shakers, Sinners and Saints, Spark Social House, Fireplace, Thurst, Trade, Uproar, Whitman-Walker Health, Destination DC, Mayor’s Office of LGBTQ Affairs, DC Center, SMYAL, HRC, Bite the Fruit, 350 Bakery, Logan 14 Aveda Salon Spa, Vida Fitness U Street and Logan Circle, Freddie’s Beach Bar, Destination Tomorrow. The magazine is also available at D.C. and Northern Virginia libraries.
America 250
As we celebrate 250 years of America, let’s remember our elders
It’s important to acknowledge history and honor pioneering community members
Editor’s note: This is part of the “Queering America 250” LGBTQ history magazine published by the Washington Blade. The glossy magazine is free and available across the D.C. region during Pride.
You can find it here: Annie’s, As You Are, Bunker, Crush, DIK Bar, District Eagle, Green Lantern, Her Diner, Jane Jane, JR.’s, Icon, Kiki, Larry’s Lounge, Little Gay Pub, Nellie’s, Number Nine, Pitchers, Red Bear Brewing, Shakers, Sinners and Saints, Spark Social House, Fireplace, Thurst, Trade, Uproar, Whitman-Walker Health, Destination DC, Mayor’s Office of LGBTQ Affairs, DC Center, SMYAL, HRC, Bite the Fruit, 350 Bakery, Logan 14 Aveda Salon Spa, Vida Fitness U Street and Logan Circle, Freddie’s Beach Bar, Destination Tomorrow. The magazine is also available at D.C. and Northern Virginia libraries.
The United States does not have a monarchy. I do not mean to comment on whether or not we live under tyranny or despotism, or if people live under modern serfdom; I mention that to explain, likely to the chagrin of our current president, U.S. citizens are not rewarded for their accomplishments by becoming a Knight or a Dame.
We do, however, like our awards, including trophies from academies and medals from the executive or legislature. The aforementioned current president likes awards so very much that the U.S. Congress and an international sports association created new awards just to appease him, and the recent winner of the Nobel Peace Prize gifted hers. These incidents will likely be rendered as footnotes in history because of the sheer volume of lunacy we are enduring under this regime of idiocracy.
In entertainment, a coveted status is that of EGOT: the winning combination of receiving an Emmy, Grammy, Oscar, and Tony. I assert that not all EGOTs are equal. Some Emmys and Tonys are received merely by financing productions. Oscars and Grammys have been won because of sympathy for personal tragedy, the nominated veteran performer is considered overdue for a win, or a deceased nominee posthumously wins, as a final sendoff.
Not all awards are created equal. Some are considered prestigious, while others are less notable. As far as awards bestowed upon local entertainers, the Nation’s Capital has very few of the former. Given what I know about their processes, many are decided upon by small groups of often unremarkable people or flawed online procedures. It is not a meritocracy. Ultimately, receiving awards is about who knows you and who likes you. Even more unfortunate is that bias and bigotry play at least as much a part as loyalty or nepotism.
Winners of the Nobel and Pulitzer Prizes receive money, which is something some advocacy groups have done, and I wish more would do. As an outside observer, I find that the local awards for D.C. theater, television, and restaurants seem to have the most cachet. Some other awards that have a precise focus or have only a select few annual honorees are commendable, but many of the rest seem haphazard and disorganized, if not corrupt or simply irrelevant.
While most local awards fail to impress me, be it the categories, the trophies, the ceremonies, or the recipients themselves, I still want people to be recognized, so I nominate them. I point out who is often left out, such as DJs, who not only help to curate nightlife and culture but also enable these organizations to have successful events, including their award ceremonies and receptions.
Over the years, in many an awards nomination process, I have done my best to advocate for people, especially elders, whom I consider unsung heroes or under appreciated trailblazers. My focus is primarily Black LGBTQ people who are local or who hail from the region.
Consistently unacknowledged by local awards are people who are from here and have since gone on to achieve national or international acclaim. Merely from the perspective of production and promotion, and especially prestige, this seems like a missed opportunity.
There are the Black LGBTQ performers who are commonly known to be from this area: Grammy-winning musician and former Duke Ellington student Meshell Ndegeocello, comedian and former NSA employee Wanda Sykes, blues legend and former Fredericksburg science teacher Gaye Adegbalola, and recording artist and former D.C. nightclub performer Kevin Aviance.
There are several accomplished Black LGBTQ actors from this area, including Emmy winner and Duke Ellington graduate Samira Wiley, Helen Hayes Award winner and Howard University graduate Roz White, Emmy winner and graduate of Greenbelt’s Roosevelt High Tramell Tillman, “Noah’s Arc” cast member and Hyattsville native Doug Spearman, “Angel” cast member and former Bladensburg resident J. August Richards, and former “America’s Next Top Model” contestant-turned-actor and Prince George’s County native Isis King. Pioneering transgender actor and singer Sandra Caldwell was born and raised in Washington, D.C.
I also think of people who deserve posthumous recognition, including DJ and music producer Vjuan Allure, poet and D.C. government employee Venus Thrash, and Tony Washington, lead singer of the Motown vocal quintet Dynamic Superiors.
There are others in the performing arts, as well as authors, playwrights, journalists, and content creators, whose notable achievements seem to be unacknowledged locally. It appears one can be revered in certain D.C. circles, but once success is achieved beyond that, that person likely never receives a homecoming. It is reminiscent of U.S.-born showgirl and singer (and later war hero) Josephine Baker, who found success in France, and elsewhere around the world, but is less revered in the nation of her birth.
As some people celebrate 250 years of the United States, I hope we will all think about how we acknowledge history and honor our community members, especially our elders. In my opinion, we can do better. I think there are many people whose accomplishments, big or small, in various arenas, are overlooked. Furthermore, just as I find the flag-waving jingoism that purports itself as patriotism distasteful, I also think that lackluster ceremonies and overpriced trinkets are not the best ways to acknowledge community advocates and activists who particularly need financial support.
At least the aforementioned performers have received national acclaim. While I have not yet been successful in getting any of them honored by local organizations, I was able to acknowledge them here. I give you all your proverbial flowers. Congratulations on your success, and know that some of us see you and are proud of your success.
Zar is the mononynous community advocate, speechwriter, songwriter, and event organizer who founded Team Rayceen Productions in 2014.
Intersex teacher alleges Fla. school fired him over perceived trans identity
Washington Blade publishes ‘Queering America 250’
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