National
212 congressional Dems call on court to overturn DOMA
In first, Senators join House Dems in saying anti-gay law is unconstitutional

Sen. Tammy Baldwin was among the signers of the congressional Democrats brief against DOMA (Washington Blade photo by Michael Key)
An unprecedented coalition of 212 House and Senate Democrats have joined together in calling on the U.S. Supreme Court to strike down the anti-gay Defense of Marriage Act.
In a 35-page brief filed on Friday, congressional Democrats argue DOMA should be struck down because the law should be subject to heightened scrutiny and the law singles out gay and lesbian couples for harm. The case challenging the statute is Windsor v. United States.
“DOMA imposes a sweeping and unjustifiable federal disability on married same-sex couples,” the brief concludes. “It is ‘class legislation’ that lacks any rational connection to legitimate federal interests, thus violating the Fifth Amendment’s equal-protection guarantee.”
While House Democrats have filed friend-of-the-court briefs in cases challenging DOMA at lower appellate courts, the latest brief is unprecedented because for the first time Senate Democrats have signed on as well. The 172 House Democrats who signed the brief were joined by 40 Senate Democrats.
House Democrats who signed the brief include House Minority Leader Nancy Pelosi (D-Calif.) and Rep. Jerrold Nadler (D-N.Y.), who lead the effort to gather signatures, as well as the six openly LGB members of the U.S. House: Reps. Jared Polis (D-Colo.), David Cicilline (D-R.I.), Sean Patrick Maloney (D-N.Y.), Mark Pocan (D-Wis.), Kyrsten Sinema (D-Ariz.) and Mark Takano (D-Calif.).
Senators who joined in the effort are lesbian Sen. Tammy Baldwin (D-Wis.) as well as Senate Majority Leader Harry Reid (D-Nev.), Assistant Majority Leader Richard Durbin (D-Ill.) and Senate Judiciary Committee Chair Patrick Leahy (D-Vt.).
The brief devotes significant attention to disputing the arguments in favor of DOMA made by the House Republican-led Bipartisan Legal Advisory Group — which has taken up defense of DOMA in place of the administration — particularly BLAG’s argument that gays enjoy political power and thus aren’t a suspect class.
Congressional Democrats take note of how the LGBT people unable has been unable pass legislation to institute federal protections against job bias — the Employment Non-Discrimination Act — as an example of their political powerlessness.
“In fact, in the nearly twenty years since it was first introduced, ENDA passed only once in the House and never in the Senate,” the brief states. “That gay men and lesbians have been unable to achieve even the modest goal of obtaining basic protection against employment discrimination — despite the fact that 89 percent of the American people supports such protection — shows that BLAG is flat wrong in contending that gay men and lesbians enjoy ‘remarkable political clout.'”
The brief also details harm that DOMA causes same-sex couples who are unable to receive federal benefits of marriage — as well as the harm the statute causes children living in these families.
“Many married lesbians and gay men raise children together,” the brief states. “DOMA harms them and their children, and affords no benefit to different-sex couples or their children. It thus cannot survive equal protection review.”
Notably, the brief refrains from making the argument that Congress passed DOMA in 1996 out of animus — a position held by many LGBT advocates — and instead maintains it was made law because members of Congress at the time didn’t know gay people.
“From our perspective — including those of us who voted for DOMA — debate and passage of the law did not necessarily arise ‘from malice or hostile animus,’ but instead from ‘insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves,'” the brief states. “While fear and distrust of families different from our own may explain why DOMA passed by comfortable majorities in 1996, it does not obviate the need for a constitutionally permissible justification for the law.”
Evan Wolfson, president of Freedom to Marry, commended congressional Democrats speaking out against DOMA before the Supreme Court.
“It’s a key indicator of how indefensible the so-called Defense of Marriage Act is that now literally hundreds of members of Congress are signing a brief repudiating it,” Wolfson said. “These senators and representatives, like the American people they serve, know that the government shouldn’t be assigning second-class status to legally married same-sex couples.”
No Republicans signed the brief. Even though Reps. Ileana Ros-Lehtinen (R-Fla.) and Richard Hanna (R-N.Y.) have signed on as co-sponsors to legislation that would repeal DOMA — and penned their names to another brief from 131 Republicans arguing that California’s Proposition 8 is unconstitutional — their names are absent from the DOMA brief.
Ilan Kayatsky, a Nadler spokesperson, deferred comment on the absence of any Republican names from the DOMA brief to Republicans. Neither Ros-Lehtinen’s nor Hanna’s office immediately responded to a request to comment.
The argument presented in the brief is along the lines of the argument that the Obama administration made against DOMA in the brief the Justice Department filed last month.
On Thursday, the administration also filed a brief before the Supreme Court arguing Prop 8 is unconstitutional in addition to the DOMA brief. However, congressional Democrats didn’t do the same and only submitted on brief on DOMA.
Drew Hammill, a Pelosi spokesperson, said the Democratic leader was focused on building support for the DOMA brief and its argument that DOMA should be subject to heightened scrutiny will assist in efforts to overturn California’s marriage ban.
“The brief provides the congressional members’ perspective on why there is absolutely no legitimate federal interest in discrimination, and why, given the history of how DOMA was enacted, heightened judicial scrutiny is needed for federal laws that discriminate against the LGBT community,” Hammill said. “In making the case for heightened scrutiny, the amicus brief will assist the efforts to overturn Proposition 8.”
Hammill also said Pelosi has spoken out against Prop 8 and “appreciates” the Justice Department’s filing against the constitutional ban on same-sex marriage in California.
“From the outset, Leader Pelosi has strongly opposed Proposition 8, and believes that the legal advocacy by opponents of Proposition 8 has been outstanding,” Hammill said. “The Leader looks forward to the day when all Californians – and indeed, all Americans everywhere – have the right to marry who they love. She appreciates the President’s strong leadership in favor of overturning Proposition 8 and of striking down DOMA.”
Asked in a follow-up email to clarify whether Pelosi believes Prop 8 is unconstitutional, Hammill replied, “She has said so repeatedly.”
New York
N.Y. governor’s race presents stark contrast on LGBTQ rights
Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman
As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.
Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.
Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.
Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.
Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state trans youth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.
Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.
“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”
On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.
Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.
A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.
LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.
In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision
Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.
Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The president made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”
The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. The campaign did not respond.
The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.
Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.
Illinois
Obama Center opens with tributes to marriage equality, LGBTQ progress
19.3 acre campus honors 44th president’s legacy
The Barack Obama Presidential Center held media previews on Thursday ahead of its official Juneteenth opening, marking the debut of the first presidential center dedicated to the 44th and only Black U.S. president.
The 19.3-acre campus, located on Chicago’s South Side within historic Jackson Park, features a museum, garden, basketball court, and a new branch of the Chicago Public Library.
Multiple artifacts related to the LGBTQ rights movement appear in the presidential museum’s collection, though none appeared to be on display at the time of publication, according to the center’s website.
Among the objects in the collection are the pen Obama used to sign the repeal of the “Don’t Ask, Don’t Tell” policy that prohibited gay, lesbian, and bisexual individuals from serving openly in the military; a set of Harvey Milk commemorative stamps honoring the first openly gay elected official in San Francisco; and an Out2Enroll rainbow sweat wristband used to connect communities — specifically LGBTQ people and their families, friends, and allies — with health insurance coverage options available under the Affordable Care Act.
The artifacts reflect a broader LGBTQ legacy associated with the Obama presidency.
During the televised opening ceremony, former first lady Michelle Obama thanked her husband for “standing up for marriage equality.”
During his presidency, Obama took a number of actions affecting LGBTQ Americans, including repealing “Don’t Ask, Don’t Tell,” signing the Matthew Shepard Hate Crimes Act, directing the Justice Department to stop defending the Defense of Marriage Act in court, expanding federal benefits and leave to same-sex domestic partners of federal and Foreign Service employees, broadening Affordable Care Act coverage for LGBTQ health issues, including HIV/AIDS prevention and treatment, and signing a 2014 executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.
The opening event drew numerous celebrities, including Stevie Wonder, Christina Aguilera, Oprah Winfrey, and Tom Hanks.
It also attracted political figures from both sides of the aisle. One notable exception was President Donald Trump, who was not invited to the ceremony. All other living former presidents were invited and attended.
The Obama Presidential Center will open to the public on June 19, with tickets available on its website.
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.
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