National
Anti-gay groups speak out in Prop 8, DOMA briefs
‘Gov’t should not put its seal of approval on that unholy union’

The Family Research Council, headed by Tony Perkins, filed briefs in the Prop 8 and DOMA cases. (Blade file photo by Michael Key)
Anti-gay groups — ranging from the Family Research Council to the Westboro Baptish Church — filed friend-of-the-court briefs before the Supreme Court this week asking justices to uphold California’s Proposition 8 and the Defense of Marriage Act.
The briefs filed on Tuesday assert the same arguments seen repeatedly in opposition to a fundamental right to same-sex marriage, such as the inability of gay couples to procreate and the argument that being gay isn’t an immutable characteristic.
The Family Research Council, one the more prominent anti-gay groups opposed to same-sex marriage, filed briefs in both the Prop 8 and DOMA cases. In the Prop 8 brief, the group argues that the California ban on same-sex marriage isn’t discriminatory, among other reasons, because it enables any person to marry — so long as the other person is of the opposite sex.
“Proposition 8 treats men and women the same,” the brief states. “Both may marry someone of the opposite sex; neither may marry someone of the same sex.”
As Right Wing Watch points out, Family Research Council makes arguments on the political power of gays and lesbians that are contradictory. In the Prop 8 brief, the group notes that 30 states have amendments defining marriage as one man, one woman while arguing that “there is no ‘emerging awareness’ that the right to marry extends to same-sex couples.”
But in the DOMA brief, the group notes that three states voted in favor of marriage equality and Minnesota rejected an anti-gay marriage amendment to argue gay people aren’t a “politically powerless” group that need protection from discrimination.
“So when voters reject gay rights at the ballot box, they are reflecting public opinion,” concludes Right Wing Watch blogger Miranda Blue. “But when they vote in favor of gay rights, they have been ‘enlisted’ to the cause by powerful gay rights lobbyists.”
William Duncan, director of the Marriage Law Foundation, filed a brief on behalf of the National Organization for Marriage in the DOMA case, but identifies himself as a “scholar of history and related disciplines” in the Prop 8 case.
“When the People of California adopted Proposition 8, they acted to retain in their law an understanding of marriage that, until very recently, was recognized universally and without exception throughout time and across cultures,” Duncan said. “That conception of the institution of marriage has consistently been understood to advance crucial social interests in procreation, understood as the bearing and rearing of children.”
Duncan cites in his arguments a series of philosophers who’ve had an impact on American thinking, including Noah Webster and David Hume. The brief also cites a 1690 piece of writing from British philosopher John Locke, who said marriage “has no necessary form or function beyond this ‘chief end’ of procreation.”
Another brief in the Prop 8 case was filed by a coalition of black pastors, including the Coalition of African-American Pastors USA and the Frederick Douglass Foundation. That brief argues at length that the 1967 Supreme Court ruling in Loving v. Virginia striking down bans on interracial marriage shouldn’t be applied to gay couples.
“Loving can be distinguished from the current dispute over same-sex marriage,” the brief states. “Laws against miscegenation were designed to segregate the races, reinforcing the socially disadvantaged position of African-Americans. … By contrast, the traditional definition of marriage calls for mixing of the genders — integration not segregation — and therefore cannot be understood as an attempt to disadvantage either gender.”
During a news conference in September, Rev. William Owens, founder and president of the Coalition of African-American Pastors, admitted that he has limited financial ties to NOM. Owens said the group provides him and his wife a salary of $20,000 a year.
Notably, the brief isn’t signed by black pastors. The attorneys who signed the brief are Lynn Wardle, a law professor at Brigham Young University, and Stephen Kent Ehat, an attorney who does business as the Utah-based California Research Inc., and is a graduate of BYU law school.
Yet another brief was filed by three gay individuals who believe same-sex couples shouldn’t have the right to marry. They are David Benkof, ex-owner of the gay press syndicate Q Syndicate and now a resident of Israel; Robert Oscar Lopez, a bisexual award-winning writer who’s written comedies about same-sex couples raising children; and Doug Mainwaring, a gay writer who rethought the capability of same-sex unions to raise children after realizing the importance to his teenage sons of their mother’s presence in their lives. The brief is signed by Herbert Grey, a private attorney based in Beaverton, Ore.
“We, and they, believe gay people should be free to love and live as they choose but we also recognize that society has a right to express a rational preference for the kind of unions necessary to the survival of the whole society, and to the well-being of children,” the brief states. “Some gay, lesbian and bisexual people will benefit from this preference as they may marry a person of the opposite-sex.”
The brief by the Westboro Baptist Church, a virulently anti-gay Kansas-based organization known for picketing the funerals of service members with signs reading, “God Hates Fags,” makes arguments characteristic of its organization in briefs both for the Prop 8 case and DOMA case.

Members of the Westboro Baptist Church. (Washington Blade file photo by Michael Key)
“This nation has gone astray, letting fornication, adultery, abortion-for-convenience-on-demand, divorce, remarriage and sodomy become the norm,” the church says in its DOMA brief. “Homosexuality is destructive in every way, to the individual and to the nation. Government should not put its seal of approval on that unholy union by issuing a marriage license. Government’s interest is in doing the opposite, for the good of the people and the nation.”
The brief is signed by Margie Phelps, daughter of church founder Fred Phelps, who has represented the church in a lawsuit against it before the Supreme Court.
Mary Bonauto, civil rights director for Gay & Lesbian Advocates & Defenders, said the “anti-gay machine is alive and well,” but noted that each of the briefs takes a different approach to supporting Prop 8 and DOMA.
“As you would expect, some of the briefs were based a particular religious view,” Bonauto said. “Others claimed they were secular but simply reasoned based on certain religious principles. Others raised the religious freedom argument that it is a burden for objecting members of the public to have to deal with the existence of married gay people.”
Bonauto added, “Overall, none of these briefs raise a new issue and several are helpful to us.”
Puerto Rico
Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga
Puerto Rican activist celebrates half time show
Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.
Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.
“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”
La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.
“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”
National
Human Rights Watch sharply criticizes US in annual report
Trump-Vance administration ‘working to undermine … very idea of human rights’
Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.
“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”
Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.
“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.
The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.
Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.
The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”
“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”
The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.
The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”
“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.
Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”
“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”
“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.
The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.
The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”
“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”
The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”
U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.
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