National
San Francisco City Attorney speaks out
Herrera played key role in challenging Prop 8

Dennis Herrera is described as a ‘straight, devout Catholic, married man’ who has championed the cause of marriage equality. (Photo courtesy Herrera)
Dennis Herrera, San Francisco’s City Attorney since 2002, will be in the Supreme Court chambers in Washington next Tuesday observing the oral arguments over whether Proposition 8, California’s 2008 ballot measure banning gay marriage, should be upheld or overturned.
Although Herrera won’t be delivering the arguments against Proposition 8 on Tuesday, gay rights advocates in California say he has played a pivotal role since 2004 in pushing for marriage equality in that state.
Among other things, he has worked side-by-side with high profile attorneys Ted Olson and David Boies as a party to the case Hollingsworth v. Perry, which seeks to overturn Prop 8.
Jack Song, deputy press secretary for the San Francisco City Attorney’s Office, said Herrera and his legal team have been involved in “every case, every court, through every procedural twist since February 2004” in efforts to legalize same-sex marriage in California.
It was in 2004, Song noted, that Herrera provided legal support for then-San Francisco Mayor Gavin Newsom’s highly controversial decision to issue marriage licenses to gay and lesbian couples and perform same-sex marriages at city hall.
California courts initially ruled that San Francisco lacked legal authority to perform same-sex marriages and quickly invalidated those marriages. But the action by Newsom and Herrera, which was denounced by same-sex marriage opponents, has been credited with triggering litigation by marriage equality advocates – including Herrera’s office — that led to the May 15, 2008 ruling by the California Supreme Court legalizing same-sex marriage in the state.
In response to a campaign led by same-sex marriage opponents, California voters overturned same-sex marriage rights in the November 2008 referendum known as Prop 8 by a margin of 52 percent to 48 percent.
In an interview with the Washington Blade on Tuesday, Herrera discussed his work on the Prop 8 case – in the words of his deputy press secretary Song – as a “straight, devout Catholic, married man” who has championed the cause of marriage equality.
Washington Blade: What are your thoughts on the chances that Prop 8 will be overturned by the U.S. Supreme Court?
Dennis Herrera: We’re very, very optimistic. You just need to look at what has been the course of this litigation. If we go back nine years ago, all the state court proceedings and more recently in the federal court system, I can’t tell you how gratified we were both at the District Court’s ruling and the Ninth Circuit [U.S. Court of Appeals] ruling clearly showing that there’s absolutely no constitutional justification whatsoever to discriminate when it comes to the issue of marriage equality.
And that for the community to be denied equal protection under the law when it comes to the issue of marriage strains all credulity. So we’ve been gratified by the District Court’s ruling. If you look at Judge [Vaughn] Walker’s decision – a well-reasoned, well thought-out opinion after sitting through a weeks-long trial, hearing from a variety of witnesses and hearing the Prop 8 proponents come up with virtually no argument, no evidence to support their position and then to have that decision affirmed by the Ninth Circuit – we’re very, very optimistic as we’re heading into next week’s argument.
Blade: What role has your office played in the U.S. Supreme Court case on Prop 8?
Herrera: We intervened and stood shoulder to shoulder with the Gibson Dunn firm — the David Boise firm — both at trial and at the Ninth Circuit and here as we’re leading up to the Supreme Court argument. So we have been involved in every piece of state litigation on this as well as the federal action. In fact, we were the only party allowed to intervene in the case and participate on our side as a party. We have been working alongside the lead counsel in the case and continue to do so leading up to the [U.S. Supreme Court] arguments.
Blade: Could you explain as best you can in layman’s terms what we understand to be the possible outcomes by the Supreme Court? In one outcome they can uphold Proposition 8. But is the court also being asked to rule that under the U.S. Constitution, no state can ban same-sex couples from marrying?
Herrera: I think that what you see if you look at the briefs of the plaintiffs and ours – we’re very, very complimentary. Clearly the plaintiffs in the case, as represented by Ted Olsen and David Boies, are seeking the broadest possible remedy to strike down discrimination vis-a-vis marriage equality nationwide.
And if you look at our briefs, what we do is try and make sure that we offer the full panoply in a very complimentary way. We fully agree with Ted Olsen and Boies and support their contention that heightened scrutiny should apply in this case, which would essentially, if found in the plaintiff’s favor, would basically have nationwide impact. But in addition, we have argued in our brief, while we fully agree with them, that even if you limited it to California and states similarly situated to California — the prohibition on marriage should not apply. So it’s a more limited but complimentary approach. Just so the court has the full panoply of possible avenues before it. But we’re in full support of the broad argument, but if the court wants to rule in our favor but limit it to California and other states that are similar to California, we briefed that issue as well.
Blade: How would it affect other states that are similar to California?
Herrera: If you look at the [U.S.] Solicitor General’s brief, the government’s brief, they have essentially said that states like California that have extended domestic partner benefits that allow same-sex couples to adopt, those that have been out there granting rights to same-sex couples cannot take them away through tools like Proposition 8. So there’s about seven or eight states that are similarly situated to California. And they have come in and said for those states, not just California but for those others, you can’t take an approach like folks have done with Proposition 8.
Blade: Does that include states outside Ninth Circuit?
Herrera: Yes.
Blade: Some constitutional experts that study the Supreme Court, including some who support same-sex marriage, have argued that it would be better for the court to limit an affirmative decision to just California rather than issue a ruling that would require all states to recognize same-sex marriage. They say that a ruling forcing all states to legalize same-sex marriage would create too great a shock to the culture, especially in southern and certain mid-Western states. What are your thoughts on that?
Herrera: I have heard that. But, like I said, in this case we’re working along with the lead counsel and have really offered a variety of different directions the court should go. And I would like to say this. I know that people make that argument. But think about how things have changed.
Let’s just go back. Proposition 22 that passed here in California in 2000 was against marriage equality 60 to 40. And with Proposition 8 we saw what the numbers were [52 percent for Prop 8, 48 percent against]. Recently, on the same day that the federal government – the administration – came in support of our position there was a Field Poll released here in the State of California that showed that 61 percent of people now in California favor same-sex marriage as opposed to 32 percent. …
So I’m fully in support of a broader approach and I think that would be the best thing for the country. But if in its judgment the Supreme Court does not want to go that route we have offered them and the United States government has offered them another direction to go that perhaps might be more limited but ultimately we know is going to lead to the same result nationwide.
Blade: In 2004, when San Francisco Mayor Gavin Newsom allowed marriages to take place at City Hall, you supported that, right?
Herrera: Yup.
Blade: But some lawmakers in Washington at the time, including Congressman Barney Frank, thought that might be jumping the gun a little bit and that it could lead to a greater push for a constitutional amendment to ban same-sex marriage. That never passed, but some were worried that it could. Was that something that entered your mind back then?
Herrera: I think history has borne out that we in San Francisco were on the right side of history when you look at the tremendous progress that has been made over the course of the last several years. So I think that sometimes it is somewhat scary for people to take the unconventional approach and to push the envelope. But I think that the wisdom of that approach has been borne out by history.
National
For lesbian victims of domestic violence, competent care is scare
Heteronormative assumptions, funding cuts contribute to lack of resources for survivors
Uncloseted Media published this story on Sept. 22.
By EMMA PAIDRA | Claire, a 25-year-old Los Angeles resident, distinctly remembers the night she and her ex-girlfriend broke up.
“She was strangling me in a CVS parking lot,” Claire recalls, adding how she was gasping for air as bystanders looked on. “I made eye contact with one man who just kept walking, and we were right behind a car that was trying to reverse out of a parking spot. No one got out of the car. They didn’t honk; they didn’t do anything.”
Claire, who asked to use a pseudonym due to safety concerns regarding her ex, says she managed to fight her way out of her then-girlfriend’s grasp. It was at this moment in 2024 she realized things had reached a breaking point.
While research on intimate-partner violence has traditionally focused on opposite-sex couples, two recent reports found that queer women, like Claire, are not immune to this type of abuse. An international research review published last year in the Journal of Media Critiques found “IPV rates in same-sex relationships are comparable to or exceed those in heterosexual relationships,” with up to 46 percent of lesbians encountering such abuse, compared to 36 percent of straight women. A separate review published earlier this year found that nearly 27 percent of lesbians surveyed had experienced IPV.
Despite the prevalence of IPV in lesbian relationships, heteronormative and outdated assumptions have left many queer women feeling like they have nowhere to turn for competent services and support, according to experts, advocates and victims interviewed by Uncloseted Media.
“Queer folks are joining the conversation to say, ‘This is happening in our communities, too, and we need the same resources and support services that straight women are offered,’” Tori Stranges, a professor of women’s studies at the University of British Columbia, told Uncloseted Media.
A frequently overlooked problem
Stranges says the false notion that only men are domestic abusers can result in violent same-sex relationships not being taken seriously.
“People assume that violence is perpetrated by men against women,” she says, adding that this “has left queer people out of the conversation.”
“If it was a man that was doing all these things, and people heard and saw it, I’m sure I would have been taken seriously,” says Claire. “People saw a 5-foot-7 woman who didn’t look that strong — and above all, she was a woman. Men, especially, don’t really see that as a threat. So they’re like, ‘If I’m not threatened, then I’m sure it’s not a big deal.’”
Outdated assumptions about IPV can even result in victims themselves overlooking their abuse.
“When it comes to abuse in heterosexual relationships, there are national campaigns, there are resources that you can access,” Stranges says. “There are people coming into the school systems to talk about relationship violence. We don’t have similar recognition and the same conversations about queer people.”
Claire says the violence she was subjected to was paired with moments of intense affection, which made it harder for her to recognize the abuse.
“We would get into a fight, and she would physically abuse me, and then apologize. She was actually also very gentle with me sometimes,” Claire recalls. “That kind of cycle can be really addicting. I would always wait for the good parts.”
The role of mental illness
K.P., a 47-year-old lesbian living in Maine, was with her abusive ex-girlfriend for five years before ending the relationship in 2023. During their time together, K.P. says her ex, who struggled with panic disorders, ADHD and depression, experienced a decline in her mental health, which contributed to more frequent outbursts of rage. When it comes to the link between rage and violence, one 2022 meta-analysis found that “anger was a significantly stronger correlate of IPV perpetration for women than men.”
K.P., who was working from home at the time and felt like she had no escape, says her ex’s verbal abuse spiraled into physical violence.
“I was on the couch with my laptop, trying to work, and she was just being belligerent,” recalls K.P., who asked to be identified by only her initials because of safety concerns. “I tuned her out, but when she realized I wasn’t giving her the attention that she expected, she went to the kitchen, grabbed two knives and started coming at me.”
K.P. ran outside, trying to get away. Her ex ran after her and then chased her back inside to avoid being seen by neighbors.
Once inside, her partner hid her phone. K.P. used this brief window to message a co-worker on her laptop, asking him to call the police.
“I was confused and afraid,” K.P. told Uncloseted Media. “I’d never been chased with a knife before, let alone by someone who I cared about.”
Research shows LGBTQ people have higher rates of mental health conditions than their non-LGBTQ peers. A study published last year in JAMA Network Open found sexual and gender minorities had “significantly higher odds of at least four of 10 commonly diagnosed mental health conditions,” including post-traumatic stress disorder and bipolar disorder.
IPV may also contribute to negative mental health effects, with research finding that victims experience an increase in depression, anxiety and PTSD and a reduction in life satisfaction.
“After we broke up, I was messed up,” K.P. says. “It took me a good six or eight months to feel like I could breathe again.”
Trapped in a ‘double closet’
In addition to mental health, the stigma of being queer may affect a victim’s response to being in an abusive relationship. When Claire first came out to her family, she says they kicked her out of their home until she returned to the proverbial closet. They eventually accepted her sexuality, but Claire says the residual shame she carried afterwards led her to avoid the added stigma she feared she’d experience if she admitted to being in an abusive relationship.
“All of that combined made me feel so trapped. I just thought, ‘Oh my god, I’m being judged from every single angle,’” she says. “There was just nowhere to go.”
Letícia Yuki de Araujo Furukawa, a clinical psychologist specializing in supporting survivors of IPV, says this kind of thinking is not uncommon among queer women in abusive relationships.
“Sometimes lesbian women who are experiencing IPV relationships start to isolate themselves, to prevent themselves from the shame and judgment they think they are going to suffer,” she says.
Furukawa says this impulse is rooted in the layers of stigma queer women face.
“It comes down to two things that make it like a double closet: We have the closet of being a lesbian, and you have the other one that comes from being in a violent relationship.”
According to Furukawa, having a supportive family can decrease the risk of entering an abusive relationship. Unfortunately, strained familial relationships are common among queer people: A 2022 study in the Journal of Marriage and Family found that 32 percent of gay and lesbian adult children — compared to 22 percent of their heterosexual counterparts — were estranged from their fathers.
Because of the shame Claire faced from her family when she came out, she was reluctant to admit there was a problem in her relationship when her mother and sister expressed concern. She worried that if her family knew her lesbian relationship was abusive, they would stop accepting her queer identity.
“My mom and sister would say to me during the relationship that they thought my ex looked evil, and that I changed so much. I used to be such a bubbly girl, and my personality made a complete 180,” she remembers. “In my head, I was like, ‘I can’t admit that it’s true.’”
‘Gaps in, policy, care, and services’
When queer women have the courage to report IPV, some don’t receive the response they’re hoping for. When police arrived at K.P.’s home following the knife-wielding incident, she says they opened a case file and wrote an incident report but said there was nothing else they could do because her ex had fled the scene.
“It was a little frustrating that since my ex-girlfriend drove away, the police couldn’t do anything,” K.P. explains.
Laura Elizabeth, an assistant professor of criminal justice at Virginia Union University who researches IPV, says there may have been additional steps police could have taken to support K.P., including connecting her with resources for domestic-violence survivors.
“It is vital that [police] make the proper referrals, and that it not just be limited to handing the victim a brochure,” she says. “There needs to be an active discussion with victims about what their options are in terms of who they can reach out to, who can offer what services.”
Kimberley Jackson, an associate professor at the Arthur Labatt Family School of Nursing at Western University, says lack of research on same-sex domestic violence also impacts the support services available to lesbian victims.
“The intersection of IPV and the LGBTQ community is really not well understood,” Jackson told Uncloseted Media. “What we can tell you based on really limited evidence, is that there are huge gaps in policy, care and services. And with respect to shelters, we haven’t really moved the needle very far.”
One area in which shelters may be failing lesbian victims has to do with both the perpetrator and the victim being able to access the same shelter.
“This issue is further compounded in rural areas, where there’s likely only one shelter,” Jackson says. “There’s a chance they won’t be able to turn someone away, even if they’re the perpetrator.”
Jackson says queer victims of domestic violence who aren’t open about their sexuality may face additional obstacles.
“With respect to anonymity, in a lot of rural places, you’re going to know people in the community,” she says. “There are issues with accessing help if you’re worried about outing yourself.”
Calls for change
Experts and victims say LGBTQ training for shelter workers and law enforcement, as well as funding for research, could help prevent same-sex IPV and address the damage done by such abuse.
But under the Trump-Vance administration, these funding resources are slipping away. In March of last year, the administration canceled at least 68 grants, totaling nearly $40 million, that were focused on LGBTQ health. A second round of cuts followed two months later, during which $800 million worth of grants dedicated to researching LGBTQ health were terminated.
Rebecca Hobbs, co-executive director of Through These Doors, a domestic violence resource and advocacy center in Portland, Maine, says LGBTQ training materials are essential to ensuring shelters can support lesbian victims.
“LGBTQ people will not come to us unless they see themselves reflected in our materials,” Hobbs says. “We want our advocates to be well versed in understanding the additional barriers and challenges that LGBTQ people might experience.”
Advocates say police departments could also benefit from LGBTQ-awareness training.
The state of California and a number of large cities — including Atlanta, Chicago, Los Angeles, Houston, New Orleans, New York, Philadelphia and D.C. — have implemented some form of LGBTQ-sensitivity training.
But Greg Miraglia, founder and CEO of Out to Protect, a national organization supporting LGBTQ police officers and equipping all officers to serve queer people, says these programs are the exception, not the rule.
“Most other states do not require any type of LGBT awareness training,” Miraglia, a retired police officer who is based in California., told Uncloseted Media “There are over 18,000 law enforcement agencies out there, and I don’t think we’ve scratched the surface.”
“The problem comes about when law enforcement goes into a domestic violence incident with a same-sex couple without any training, carrying a lot of stereotypes that are common,” Miraglia adds. “They’re not picking up the fact that this is a couple that’s involved in an intimate relationship, and therefore domestic violence laws in that state apply.”
Claire says she wishes someone had intervened when her ex abused in the CVS parking lot and on her college campus. “The police had the biggest missed opportunity to intervene, as well as campus security,” she says. “A lot of our fights were in public, and she would get very loud. I made a promise to myself that if I ever saw anything like that in public, I would say something, because that’s all I needed at the time.”
National
Long-time DignityUSA executive director announces retirement
Marianne Duddy-Burke has been with LGBTQ Catholic group for decades
The executive director of the world’s oldest LGBTQ Catholic organization has announced she will retire once her successor has been chosen.
Marianne Duddy-Burke has been with DignityUSA for more than four decades. She has been the group’s executive director since 2007.
DignityUSA announced Duddy-Burke’s retirement on Sept. 17.
Duddy-Burke during her tenure has urged the Vatican to do more to welcome LGBTQ Catholics. She has also, among other things, championed marriage equality and advised the State Department on LGBTQ-specific issues. (The Trump-Vance administration’s decision to freeze nearly all U.S. foreign aid shortly after it took office in January 2025 has had a devastating impact on the global LGBTQ and intersex rights movement and efforts to fight HIV/AIDS around the world. A report that Outright International released earlier this month notes 90 percent of LGBTQ and intersex rights groups around the world have lost funding since 2025.)
Duddy-Burke met with Pope Francis in 2023.
She traveled to Rome in 2025 for the papal conclave to choose the Argentine-born pope’s successor. Pope Leo XIV, who was born in Chicago, succeeded Francis.
DignityUSA in the press release that announced Duddy-Burke’s retirement notes she expressed “particular appreciation to people who spoke honestly about the reality of being a queer Catholic or family member.”
“I have been inspired every day by your stories and have done my best to lift them up,” said Duddy-Burke. “It is your lives, your faith, your struggles, your hopes that I have strived to reflect in my work, and doing this has been a great honor.”
DignityUSA President Meli Barber praised Duddy-Burke.
“It is almost impossible to sum up the scope and depth of Marianne’s achievements and contributions to DignityUSA over her more than four decades of service,” said Barber. “Under her wisdom and leadership, DignityUSA has only grown in stature as an advocate for LGBTQIA+ Catholics and as a visionary thought leader for LGBTQIA+ ministry and spirituality.
“Marianne has been more than an extremely able executive director,” added Barber. “Her care for and ministry to chapters, her deep personal relationships with countless Dignity members, her connections to LGBTQIA+ Catholics around the world, the relationships she has built with other progressive Catholic organizations, her skill as a public representative, the respect with which she is universally regarded, and her tireless devotion to service all leave an indelible mark. It is not an exaggeration to say that she has shaped not only Dignity but a generation of LGBTQIA+ Catholics.”
Barber said DignityUSA will “soon begin a search for a new executive director.” Barber added Duddy-Burke “will assist with the transition.”
National
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Married, same-sex partners are eligible for federal program
As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011.
Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed.
Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.
“Twenty-five years since that day, the September 11th Victim Compensation Fund has served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.
In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”
LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.
Nicole Nava, a VCF spokesperson, told the Washington Blade that under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.
“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.
The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment.
A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.
VCF spokesperson Navas pointed out that the VCF regulations initially did not allow a legally married same-sex partner survivor to receive benefits under the VCF program because the then existing U.S. Defense of Marriage Act, which denied federal recognition of same-sex marriage, prevented VCF from providing benefits to a same-sex partner survivor who had been married in their home state.
But Navas noted that the regulations changed in 2013 when the U.S. Supreme Court declared the Defense of Marriage Act unconstitutional and were further changed in 2015 when the Supreme Court legalized same-sex marriage nationwide. Based on those changes, legally married same-sex partner survivors since 2013 and currently have been and are fully eligible for the VCF benefits.
The updated regulations would provide benefits to married same-sex partner 9/11 survivors in the states that legalized gay marriage beginning in 2004, when Massachusetts became the first state to legalize same-sex marriage. D.C. legalized same-sex marriage in 2009.
In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.
“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.
She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed.
“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”
The VCF website, which has additional detailed information, can be accessed at www.vcf.gov.
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