News
Holder to announce new DOJ policy on gay rights
Attorney general to unveil changes during speech at HRC gala in NYC

U.S. Attorney General is set to announce new DOJ policy in the wake of the Supreme Court decision against DOMA (Washington Blade photo by Michael Key).
U.S. Attorney General Eric Holder is set to announce a new policy today aimed at ensuring the Justice Department recognizes same-sex marriages under the law, the Washington Blade has learned.
Holder is scheduled to deliver the remarks at 7 p.m. during his speech at the Human Rights Campaign’s annual gala in New York City held at the Waldorf Astoria.
According to excerpts from his prepared remarks, Holder is set to announce the Justice Department will issue a memorandum on Monday to outline the changes, which will bring the department into compliance with the Supreme Court’s decision against the Defense of Marriage Act.
Holder is prepared to make the announcement in the same speech in which he’s set to reflect on the 50th anniversary of Martin Luther King, Jr.’s “I Have a Dream” speech and passage of the Civil Rights Act of 1964.
“And yet, as all-important as the fight against racial discrimination was then, and remains today, know this: my commitment to confronting discrimination based on sexual orientation or gender identity runs just as deep,” Holder’s prepared remarks say. “Just like during the civil rights movement of the 1960s, the stakes involved in this generation’s struggle for LGBT equality could not be higher.”
Each of the changes is related to the way the Justice Department handles recognition of married same-sex couples. They range from rights in civil and criminal cases, rights as inmates and access to benefits programs:
• The Justice Department will recognize that same-sex spouses of individuals involved in civil and criminal cases have the same legal rights as straight married couples, including the right to decline to give testimony that might incriminate a spouse.
This new rule applies in non-marriage equality states. The government won’t object to couples in same-sex marriages invoking this right if they marry in another state, but their current jurisdiction doesn’t recognize their union.
• In bankruptcy cases, the U.S. Trustee Program will take the position that same-sex married couples should be treated in the same manner as opposite-sex married couples. Consequently, same-sex married couples will be eligible to file for bankruptcy jointly; certain debts to same-sex spouses or former spouses will be excepted from discharge; and domestic support obligations should include debts, including alimony, owed to a former same-sex spouse.
• Federal inmates in same-sex marriages will be entitled to the same rights and privileges as inmates in opposite-sex marriages. These rights include spousal visitation; inmate furloughs to be present during a crisis involving a spouse; escorted trips to attend a spouse’s funeral; correspondence with a spouse; and compassionate release or reduction in sentence if an inmate’s spouse is incapacitated.
• The Justice Department will recognize same-sex couples for the purposes of a number of benefits programs it administers, such as the Radiation Exposure Compensation Program and the September 11th Victim Compensation Fund.
Also among these programs is the Public Safety Officers’ Benefits Program, which provides death benefits to surviving spouses of public safety officers, such as law enforcement officers and firefighters, who suffer catastrophic or fatal injuries while on duty.
“When any law enforcement officer falls in the line of duty or is gravely injured, the federal government should stand by that hero’s spouse – no matter whether that spouse is straight or gay,” Holder’s prepared remarks say.
The new policy comes seven months after the U.S. Supreme Court decision against Section 3 of the Defense of Marriage Act, which prohibited federal recognition of same-sex marriage. Nothing in the excerpts of prepared remarks received by the Blade references DOMA, but a Justice Department official said the new changes are considered a step in the process to bring the Justice Department into compliance with the decision.
The Justice Department has coordinated the effort across the Obama administration to ensure married same-sex couples have the same rights and benefits under federal law as opposite sex couples in the wake of the DOMA decision. The various departments and agencies announced changes in policies since that time.
Chad Griffin, HRC president, praised Holder in a statement for changes he’s slated to announce within the Justice Department.
“This landmark announcement will change the lives of countless committed gay and lesbian couples for the better,” Griffin said. “While the immediate effect of these policy decisions is that all married gay couples will be treated equally under the law, the long-term effects are more profound. Today, our nation moves closer toward its ideals of equality and fairness for all.”
At least one of the changes that Holder is set to announce — the eligibility of married same-sex couples to file jointly for bankruptcy — was already the policy of the Justice Department. According to Reuters, following a ruling against DOMA by a bankruptcy court in Los Angeles, the Justice Department in 2011 elected to no longer dismiss bankruptcy petitions filed jointly by married same-sex debtors.
In his remarks, Holder is set invoke the memory of former U.S. Attorney General Robert Kennedy and his work in the civil rights movement as a reference point for the additional work the Justice Department is doing on LGBT rights.
“Then, as now, nothing less than our country’s commitment to the notion of equal protection under the law was on the line,” Holder’s prepared remarks say. “And so the Justice Department’s role in confronting discrimination must be as aggressive today as it was in Robert Kennedy’s time. As Attorney General, I will not let this Department be simply a bystander during this important moment in history.”
Just last month, Holder announced the federal government would recognize the more than 1,300 same-sex marriages that took place in Utah following a district court ruling legalizing gay nuptials in the state — even though the state won’t recognize the unions now that the U.S. Supreme Court has placed a stay on the weddings.
HRC’s Griffin said the actions that Holder is preparing to undertake are right in line with Kennedy’s legacy as civil rights icon.
“Attorney General Holder continues to show incredible leadership, and this latest action cements his place in history alongside Robert F. Kennedy, another attorney general who crusaded for civil rights,” Griffin said.
District of Columbia
Wanda Alston Foundation announces passing of founding executive director Brian Watson
D.C. activist praised as “passionate advocate” for homeless LGBTQ youth
The Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth in the D.C. metro area, announced on July 20 that its founding executive director, Brian Watson, has passed away.
In a statement the Alston Foundation called Watson “one of Washington, D.C.,’s most passionate advocates for LGBTQ+ youth experiencing homelessness.”
Neither the statement nor others who knew Watson have disclosed the cause of death or his age. Longtime LGBTQ community activist Rayceen Pendarvis said she heard only that Watson’s passing followed “a long time illness.”
“The origins of the Wanda Alston Foundation can be traced to a meeting convened by then-Mayor Anthony Williams at the request of Wanda Alston, the Mayor’s Director of LGBTQ Affairs,” the statement says.
“During that meeting, Brian spoke powerfully about the growing crisis of homelessness among LGBTQ+ youth in the District of Columbia and the urgent need for dedicated housing and support services,” it says. “His advocacy helped crystalize a vision that every young person deserves a safe place to call home.”
The statement points out that following Alston’s untimely death, Watson joined other community leaders “to transform that vision into reality by establishing the Wanda Alston Foundation in her memory.”
It says that today the Alston Foundation “proudly carries forward the mission Brian helped create by providing emergency and transitional housing, counseling, workforce development, life-skills training, and other supportive services that empower LGBTQ+ youth to achieve stability, independence, and hope for the future.”
Watson’s LinkedIn page says he served as executive director of the Alston Foundation from July 2013 to March 2014. The Washington Blade reported in April 2014 that the Alston Foundation announced in a March 11, 2014, statement that Watson had resigned to “pursue other opportunities.”
His LinkedIn page shows he worked for or with in a supporting role three local nonprofit organizations since leaving the Alston Foundation, including serving from February 2019 to November 2019 as a Methamphetamine Services Specialist for the D.C. group HIPS, which provides services for drug users and sex workers.
According to his LinkedIn page, from October 2014 to “present,” he also served as Chief Innovation Officer for the Propel Foundation, Inc., which he described as a “501c3 nonprofit organization founded in D.C. that works to strengthen nonprofit organizations through fiscal sponsorship and capacity building.”
A Facebook posting by his brother, Vidale Watson, says his family will be making arrangements for a memorial service and will share the date, time, and location once the details have been finalized.
“There are no words to describe the heartbreak our family is feeling,” Vidale Watson wrote. “While we are grateful for every prayer, kind word, and act of support we’ve received over the past week, this loss is still incredibly fresh.”
Obituary
Beloved local master gardener Frank Asher dies at 69
Longtime LGBTQ rights advocate also known as actor, artist
Frank Larue Asher, described by friends and family members as an acclaimed urban gardener who operated a nonprofit nursery business in D.C.’s Shaw neighborhood from around 2008 until his retirement in 2018 when he moved to Cumberland, Md., and served on the board of a local museum, died July 15.
His longtime friend Raphael Aguon said his passing followed a years-long battle with cancer.
“He was a master gardener who worked diligently to make beautiful spaces for us passersby to enjoy and be inspired,” Aguon said in a Facebook posting. “Frank was kind, and fierce when it came to advocating for LGBTQ rights,” Aguon wrote. “He was deeply loving, sensitive, intelligent, inquisitive, and wondrously creative.”
A Washington Blade profile on Asher published in 2014 reported he was a native of California who moved to D.C. in 1994 as a conference organizer and a short time later began upgrading “sidewalk tree boxes” near his then Dupont Circle home before taking a job managing a local floral shop.
He next started a local landscaping business called Fairies Crossing that specialized in residential, rooftop, and commercial installations, he told the Blade.
In 2008, Asher opened his nursery called the Old City Farm and Guild in what had been a trash-strewn empty lot across from his then new nearby home in the city’s Shaw neighborhood.
Located at 925 Rhode Island Ave., N.W., the sprawling nursery offered a wide range of plant-related items such as seedlings, flowering plants, vegetable plants, shrubs, soils and compost, and gardening supplies. Described by Asher as a place “where people and plants come together,” the Old City Farm and Guild also became a community gathering place.
The Blade profile on Asher reported it soon began hosting performances by local musicians “in a step-down oval space serving as an amphitheater for outdoor neighborhood dances and movie nights projecting films onto a whitewashed wall.”
Asher stated in online postings that in 2018 he sold his businesses to retire and moved to Cumberland, Md., where, among other things, he served on the board of Gilchrist Museum of the Arts.
At the time of his passing the museum released a statement calling Asher “a talented local artist, a devoted supporter of the museum, a former board member, and, above all, a genuinely kind soul. His passion for the arts and his generosity touched countless lives, leaving a lasting impact on our community.”
Melissa Ryan, Asher’s niece, appeared to highlight Asher’s life as he was known by friends and family members in her own Facebook posting.
“He loved people, animals, and plants, all living things were respected and loved,” she wrote. “He was an actor, an artist, an author, an amazing gardener, heavily involved in his communities, always helping, seeking out needs and doing anything he could to fulfill them.”
National
DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit
David Maltinsky was fired after displaying Pride flag at desk
Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.
Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment constitutional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.
The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.
In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.
“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.
The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.
In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.
“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.
Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.
In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.
“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.
“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”
Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.
Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole will continue.
“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”
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