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Oregon AG won’t defend marriage ban in court

Says law cannot withstand scrutiny ‘under any standard of review’

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Ellen Rosenblum, Oregon, gay news, Washington Blade
Ellen Rosenblum, Oregon, gay news, Washington Blade

Oregon Attorney General Ellen Rosenblum won’t defend her state’s marriage ban in court. (Photo public domain)

Oregon Attorney General Ellen Rosenblum announced on Thursday she won’t defend the state’s ban on same-sex marriage against a legal challenge, saying the law cannot withstand judicial scrutiny “under any standard of review.”

Meanwhile, the campaign led by Oregon United for Marriage to bring marriage equality to the state via ballot measure in November says it is holding the surplus of signatures already collected pending the outcome of the lawsuit.

In a seven-page legal filing, Rosenblum says the state largely agrees with the contentions against the ban on same-sex marriage raised by plaintiffs in the case, known as Rummel v. Kitzhaber.

“State Defendants will not defend the Oregon ban on same-sex marriage in this litigation,” Rosenblum concludes. “Rather, they will take the position in their summary judgment briefing that the ban cannot withstand a federal constitutional challenge under any standard of review.”

A Democrat elected to office in 2012, Rosenblum’s decision is along the lines of her earlier determination in October that Oregon should respect same-sex marriages performed in other jurisdictions.

Among the allegations that Rosenblum says the state won’t dispute in the lawsuit is the assertion that domestic partnerships, which Oregon has allowed since 2008, aren’t the equivalent of marriage.

“State Defendants admit that performing same-sex marriages in Oregon would have no adverse effect on existing marriages, and that sexual orientation does not determine an individualā€™s capacity to establish a loving and enduring relationship,” Rosenblum writes. “State Defendants likewise admit that domestic partnership registration confers many legal protections but not all of the rights, obligations, and privileges associated with marriage.”

Her decision not to defend the ban is consistent with the position of Nevada Attorney General Catherine Cortez Masto. Both Nevada and Oregon lie in the Ninth Circuit, where the U.S. Ninth Circuit Court of Appeals decided heightened scrutiny applies to laws related to sexual orientation in the case of SmithKline v. Abbott Laboratories.

Notably, Rosenblum never mentions the SmithKline decision or legal precedent for heightened scrutiny in announcing her decision that she won’t defend Oregon’s ban. Instead, she concludes the law fails under any standard of review.

Thomas Wheatley, director of organizing at Freedom to Marry and an adviser to Oregon United for Marriage, praised Rosenblum.

ā€œAttorney General Rosenblum is right in refusing to waste taxpayersā€™ dollars by defending the indefensible anti-marriage law in Oregon,” Wheatley said. “Rosenblum is joined by other attorneys general from Virginia, Pennsylvania, and Nevada; and even Republican Governor Brian Sandoval in Nevada, who all came to the same conclusion that the state cannot in good conscience defend a law denying committed same-sex couples the freedom to marry.”

Brian Brown, president of the anti-gay National Organization for Marriage, nonetheless criticized Rosenblum for what he said was abandoning her constitutional duties.

ā€œAttorney General Ellen Rosenblum is shamefully abandoning her constitutional duty to defend the marriage amendment overwhelmingly enacted by the people of Oregon,” Brown said. “She swore an oath of office that she would enforce all the laws, not just those she personally agrees with. The people are entitled to a vigorous defense of the laws they enact, and the marriage amendment is no exception to that solemn obligation.”

The case is pending in the U.S. District Court for the District of Oregon before U.S. District Judge Michael McShane, who’s gay and among the handful of openly gay federal judges serving on the federal bench. Oral arguments in the case are set for April 23.

Legal experts say the Ninth Circuit precedent for applying heightened scrutiny to matters related to sexual orientation bodes well for rulings in favor of marriage equality within this jurisdiction.

Campaign holding signatures for ballot initiative

At the same time the litigation is advancing, LGBT activists were preparing to bring the issue to the ballot once more in 2014 to reverse the ban and legalize same-sex marriage in Oregon.

Mike Marshall, campaign manager for Oregon United for Marriage, announced following Rosenblum’s decision that his campaign has already collected 160,000 signatures ā€” more than the 116,284 needed by July 3 to qualify the measure for the ballot ā€” but is placing those efforts on hold pending the outcome of the federal lawsuit.

ā€œNow that we have done the hard work of assuring a place on the ballot and moving public opinion, we have the ability to wait for the courts to do the right thing,” Marshall said. “No one is interested in engaging in an expensive political campaign if we donā€™t have to. We have more than 4,000 volunteers across Oregon to thank for that.ā€

Meanwhile, Oregon United for Marriage is planning a statewide tour for the first two weeks of March to talk to supporters of same-sex marriage about the campaignā€™s next steps.

In 2004, Oregon voters approved at the ballot a constitutional ban on same-sex marriage with 57 percent of the vote. But public opinion has since changed. According to a poll unveiled Thursday by Oregon United for Marriage, 55 percent of likely November voters support same-sex marriage while 41 percent are opposed.

As preparations for the marriage initiative are underway, Oregon anti-gay groups are working to place on the ballot a religious exemption initiative on the ballot that would carve out a portion of state civil rights law to allow businesses to discriminate against same-sex couples.

Marshall said he’s prepared for a campaign against the anti-gay measure regardless of what happens with the marriage initiative.

“At a moment when Oregonians should be celebrating the imminent end of discrimination against loving, committed couplesā€”weā€™re gearing up to fight another effort to write discrimination back into our laws,ā€ Marshall said.

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District of Columbia

Reenactment of 1965 gay rights protest at White House set for April 17

Event to mark 60thĀ anniversary of historic picketing

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Among those expected to participate in the April 17 White House reenactment picketing is longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is shown here participating in a similar reenactment event in front of the White House one year ago. (Washington Blade file photo by Michael Key)

D.C.ā€™s Rainbow History Project is inviting members of the local LGBTQ community and its supporters to participate in a reenactment of what it calls the historic 1965 first gay rights protest outside the White House.

The event is scheduled to begin at 4 p.m. Thursday, April 17 on the sidewalk in front of the White House.

In a statement, Rainbow History Project says the 1965 protest was organized by local gay rights pioneers Frank Kameny and Lilli Vincenz on behalf of the Mattachine Society of Washington, one of D.C.ā€™s first gay rights groups that Kameny co-founded in the early 1960s.

ā€œLed by Dr. Kameny and Dr. Vincenz, picketers demanded action on the Mattachine Societyā€™s four major issues: the exclusion of homosexuals from Federal employment; the punitive policies of the U.S. Military; blanket denial of security clearances to gay people; and government refusal to meet with the LGBTQ community,ā€ the statement says.  

The statement referred to the titles of Kameny and Vincenz in connection with their academic doctorate degrees  

ā€œAlthough Dr. Kameny died in 2011, and Dr. Vincenz in 2023, Rainbow History Project and its all-volunteer corps will picket in their honor and demonstrate there is a new generation of young activists ready to take up their signs and their fight for equal rights for all LGBTQ people,ā€ the statement says.

Among those expected to participate in the April 17 White House reenactment picketing is longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the last known survivor of the 1965 White House gay rights protest. Kuntzler was expected to carry a picket sign similar to the one he carried in 1965.

In its research on the 1965 gay White House protest, Rainbow History Project learned of a letter that Kameny sent to then President Lyndon B. Johnson outlining the demands of the White House protesters.

ā€œWe ask, Mr. President, for what all American citizens ā€“ singly and collectively ā€“ have the right to ask,ā€ the Kameny letter states. ā€œThat our problems be given fair, unbiased considerationā€¦consideration in which we, ourselves, are allowed to participate actively and are invited to do so.ā€

The RHP statement says the group ā€œwill carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.ā€ Ā Ā 

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Myanmar

LGBTQ advocacy group joins Myanmar earthquake relief effort

March 28 quake killed thousands, devastated countryā€™s second-largest city

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(Screen capture via CNBC-TV18 YouTube)

A powerful earthquake that rocked Myanmar on March 28 unleashed devastation across the central part of the country.

The U.S. Geological Survey measured the quake at 7.7, and pinpointing its epicenter roughly 10 miles west of Mandalay, the countryā€™s second-largest city. A 6.4-magnitude aftershock jolted the area 12 minutes later, compounding the destruction and deepening the crisis for a nation already strained by conflict.

The earthquake struck with terrifying intensity near its epicenter, wreaking havoc on Mandalay and the nearby city of Sagaing. 

Mandalay, a bustling city of approximately 1.5 million residents, bore the brunt of the destruction. Among the most striking losses was the 12-story Sky Villa Condominium, which collapsed, leaving scores trapped beneath the wreckage. Rescue workers scrambled to pull survivors from the rubble, but the rising death toll underscored the tragedyā€™s magnitude.

In Sagaing, which is located closer to the epicenter, more than 70 percent of buildings sustained damage. The Ava Bridge, an essential artery spanning the Irrawaddy River, collapsed, cutting off a critical connection to Mandalay. The earthquakeā€™s shallow depth of less than seven miles amplified its power, reducing homes, temples, and schools to rubble.

The earthquakeā€™s death toll continues to climb, with at least 3,649 confirmed dead, more than 5,000 injured, and approximately 145 people missing. Amid the widespread devastation, questions loom about the impact on vulnerable populations. The Washington Blade reached out to Colors Rainbow, an organization advocating for LGBTQ rights in Myanmar, to understand how the crisis has affected one of the nationā€™s most marginalized communities.

Colors Rainbow Executive Director Hla Myat Tun spoke about how his organization is working to address the crisis faced by Myanmarā€™s LGBTQ community in the aftermath of the earthquake. 

Colors Rainbow has implemented a system of multipurpose cash transfers, directing funds to local LGBTQ partner organizations. These grassroots partners, in turn, provide essential support to affected individuals that includes emergency cash assistance, food, non-food items, clean water, and basic emotional support tailored to the immediate needs of their communities.

ā€œWe estimate that around 500ā€“800 LGBTQ individuals have been impacted in the affected areas, particularly in Mandalay Region, Sagaing Region, and southern Shan state,ā€ said Hla Myat Tun. ā€œSo far, we have been able to directly assist around 80ā€“100 LGBTQ individuals.ā€

Hla Myat Tun told the Blade that Colors Rainbow is actively gathering data to assess the specific challenges that LGBTQ people are facing in the aftermath of the earthquake.

Preliminary observations, he noted, point to heightened vulnerability among LGBTQ people, driven by social exclusion and limited access to mainstream humanitarian aid. Hla Myat Tun, however, emphasized more comprehensive information is necessary to fully understand the scope of their needs and vulnerabilities in this crisis.

ā€œWe are partnering with international LGBTQ and feminist organizations that focus on displaced communities,ā€ said Hla Myat Tun. ā€œThese partners provide emergency funds, and we coordinate with local LGBTQ groups to deliver aid directly to affected individuals on the ground.ā€

Addressing reports of military restrictions on humanitarian aid, Hla Myat Tun explained how Colors Rainbow is managing to reach LGBTQ people who are in conflict zones and areas the military junta controls. Hla Myat Tun highlighted the importance of the organizationā€™s trusted local LGBTQ partners, who are embedded in these regions. Their presence and established networks, he said, are vital in navigating restricted areas and ensuring that aid reaches the LGBTQ people who are most in need.

Hla Myat Tun also provided insight into how Colors Rainbow is tailoring its relief efforts to meet the LGBTQ communityā€™s specific needs. 

He said his organization is gathering information directly from LGBTQ people through close coordination with its local partners, relying on both formal and informal communication channels. Hla Myat Tun told the Blade his team conducts daily check-ins via quick telephone calls, ensuring a continuous flow of information to guide their response efforts despite limited internet access, electricity and other challenges.

ā€œOur approach is collaborative ā€” we set strategies and share responsibilities to respond flexibly and safely, based on the rapidly changing local context,ā€ he said. ā€œPersonal stories are being documented, but for security reasons, we are cautious about sharing them publicly.ā€

When asked whether staff or volunteers had harassment, discrimination, or violence while delivering aid ā€” a concern given the precarious legal and social climate for LGBTQ people in Myanmar ā€” Hla Myat Tun said there have been no reported incidents thus far. 

ā€œSo far, we havenā€™t received any reports from our staff or local partners about harassment or violence while delivering aid,ā€ he noted, emphasizing Colors Rainbow remains vigilant and has implemented robust safety protocols to protect all involved.

Colors Rainbow relies primarily on funding from international LGBTQ-focused partners. He noted, however, humanitarian funding specifically dedicated to LGBTQ communities remains vastly under-resourced, relative to the pressing needs on the ground. Hla Myat Tun said this shortfall severely limits the scale and reach of Colors Rainbowā€™s efforts.

ā€œWhile Myanmar’s legal framework remains outdated, societal attitudes ā€” especially during the civilian government ā€” have shown signs of progress,ā€ said Hla Myat Tun. ā€œWe have seen positive change thanks to the work of local LGBTQ organizations.ā€ 

ā€œIn the current crisis, many communities are working together despite legal barriers. However, in areas without LGBTQ-led organizations, inclusive humanitarian responses are still lacking,ā€ he added. ā€œThere’s an urgent need for international humanitarian actors to understand and implement LGBTQ-inclusive practices in Myanmar.ā€

When asked about long-term strategies to support the recovery and resilience of LGBTQ communities as Myanmar rebuilds, Hla Myat Tun affirmed Colors Rainbow is deeply committed to fostering resilience. The organizationā€™s initiatives include leadership development, community empowerment through training and workshops, sub-granting programs, and organizational development support. He also highlighted Colors Rainbowā€™s advocacy for LGBTQ-inclusive policies and collaboration with ethnic groups to promote an inclusive federal democracy, and specifically thanked Outright International, a global LGBTQ and intersex rights group, for ā€œamplifying our work.

ā€œThis kind of international attention shines a spotlight on the challenges LGBTQ communities in Myanmar are facing and helps open doors for more support,ā€ Hla Myat Tun told the Blade. ā€œIt also boosts visibility and solidarity, both locally and globally, which we deeply appreciate.ā€

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Hungary

Hungarian MPs amend constitution to ban public LGBTQ events

Viktor OrbĆ”n’s government spearheaded amendment

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The Hungarian parliament in Budapest, Hungary, on April 4, 2024. (Washington Blade photo by Michael K. Lavers)

Hungarian MPs on Monday voted to amend their country’s constitution to ban public LGBTQ events.

The vote took place less than a month after lawmakers banned Pride events and gave authorities the green light to use facial recognition technology to identify those who participate in them.

The Associated Press notes MPs approved the constitutional amendment ā€” which Prime Minister Viktor OrbĆ”n’s Fidesz-KDNP coalition government proposed ā€” by a 140-21 vote margin. Authorities before the vote removed a group of protesters who tried to block the entrance to a parliament parking garage.

OrbĆ”n’s government over the last decade has moved to curtail LGBTQ and intersex rights in Hungary.

A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.

An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.

MPs in 2023 approved the ā€œsnitch on your gay neighborā€ bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the countryā€™s second-largest bookstore chain, 12 million forints ($33,115.76), for selling copies of British author Alice Osemanā€™s ā€œHeartstopper.ā€

Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungaryā€™s anti-LGBTQ crackdown.

The Washington Blade has reached out to Budapest Pride for comment on the constitutional amendment.

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