News
Appeals court halts Michigan same-sex marriages
In a 2-1 decision, judges rule they must follow guidance on Utah gay nuptials


The Sixth Circuit has stayed same-sex marriages in Michigan pending appeal (Image courtesy Wikimedia Commons).
The U.S. Sixth Circuit Court of Appeals announced late Tuesday it has placed a hold on same-sex marriages in Michigan pending appeal ā dashing the hopes of those who wanted the weddings to continue as litigation moved forward.
In a 2-1 decision, the majority ruled it must place a stay on ruling from U.S. District Judge Bernard Friedman striking down Michigan’s ban on same-sex marriage in case of DeBoer v. Snyder to conform to an earlier stay decision by the U.S. Supreme Court.
“There is no apparent basis to distinguish this case or to balance the equities any differently than the Supreme Court did in Kitchen,” the majority writes. “Furthermore, several district courts that have struck down laws prohibiting same-sex marriage similar to the Michigan amendment at issue here have also granted requests for stays made by state defendants.”
The U.S. Supreme Court had issued a stay on same-sex marriages in Utah pending the outcome of litigation, Kitchen v. Herbert, after a district judge struck down the state’s marriage ban and the Utah Gov. Gary Herbert sought to halt the weddings by filing a stay request.
The two judges in the majority for the stay decision were U.S. District Judge Karen Caldwell, sitting by designation on the appeals court, and U.S. Circuit Judge John Rogers. U.S. Circuit Judge Helene White was sole dissent in the stay decision. Each of the judges were appointed and confirmed by former President George W. Bush during his administration.
In her dissent, White writes the stay in the Utah case isn’t controlling for the Michigan marriages and says the state didn’t make a sufficient argument that it would succeed in the case on appeal.
“Michigan has not made the requisite showing,” White writes. “Although the Supreme Court stayed the permanent injunction issued by the Utah District Court in Kitchen v. Herbert pending final disposition by the Tenth Circuit, it did so without a statement of reasons, and therefore the order provides little guidance. I would therefore apply the traditional four-factor test, which leads me to conclude that a stay is not warranted.”
Although Friedman didn’t include a stay as part of his ruling, the Sixth Circuit instituted a temporary stay on the weddings after an estimated 315 marriage licenses were distributed to same-sex couples in Ingham, Washtenaw, Muskegon and Oakland counties.
Legal experts who spoke with the Washington Blade over the weekend say they didn’t think the Sixth Circuit needed to place a stay on Michigan same-sex marriages because the Supreme Court’s stay on same-sex marriages in Utah wasn’t controlling and numerous courts have ruled in favor of marriage equality since the stay decision in that case.
In a filing before the Sixth Circuit on Tuesday, attorneys for the plaintiff same-sex couples in the case, April DeBoer and Jane Rowse, made similar arguments to make the case that the court should allow the same-sex weddings to continue pending the outcome of the litigation.
“Permitting loving same-sex couples to marry pending the outcome of this appeal will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will better protect these children and will keep the state from continuing to ‘impair the rights of’ these children,'” the attorneys write.
Attorneys for Oakland County Clerk Lisa Brown, who assisted as a defendant in litigation against Michigan’s same-sex marriage ban, argued in a separate filing the court should reject a stay because it would harm same-sex couples living in the state.
“Couples and their families who want the legal protection and recognition of marriage will experience real harm if a stay is granted by this Court,” the attorneys write. “Defendant Brown will be forced to discriminate against couples and their families if a stay is granted. The State risks losing residents who can no longer live in a State that treats them and their families like second class citizens. They can no longer stay in a State that leaves them and their children legally vulnerable.”
But Michigan Attorney General Bill Schuette, who’s been defending Michigan’s ban on same-sex marriage, argued before the Sixth Circuit that the court must followed precedent by the Supreme Court, noting other federal judges instituted stays when striking down bans on same-sex marriage.
“As to the merits of the stay itself, none of the plaintiffsā arguments overcome a simple fact: the Supreme Court has already addressed precisely this situation ā a federal district court striking down a state marriage amendment ā and concluded that a stay pending appeal was necessary,” Schuette writes.
In the event that the Sixth Circuit denied the stay pending appeal, Schuette requested a two-day temporary stay from the court so it could seek a stay from Supreme Court without same-sex marriages taking place in Michigan.
Plaintiffs in the case charged the state never formally asked for a stay from the district court, saying that was appropriate venue to ask for a stay. But in its filing, the state asserts it orally requested a stay during arguments.
Now that the Sixth Circuit has issued a stay, plaintiffs could appeal the stay decision the Supreme Court, but observers say a different outcome is unlikely.
Dana Nessel, one the plaintiffs’ attorneys in the lawsuit, said plaintiffs “have no plans to appeal” the stay decision at this time.
One lingering question is whether the state and the federal government will recognized the same-sex marriages already performed in Michigan over the weekend. In Utah, the results were split: the state elected not to recognize its marriage, but U.S. Attorney General Eric Holder said the federal government would recognize the unions.
Neither Michigan nor the federal government has definitively weighed on in the issue. The Associated Press quoted a spokesperson for Michigan Gov. Rick Snyder as saying the state won’t yet recognize the marriages until a decision was made on the stay pending appeal, and the Justice Department told the Blade situation remains under review.
Via Twitter, Brown called on the Snyder to recognize the same-sex marriages performed in the state, suggesting if he refused to do so, voters should elect the Democratic gubernatorial candidate in the 2014 election.
“When will Gov Snyder act like a leader and recognize the hundreds of MI citizens who married on Sat?” Brown tweeted. “MI needs true leadership.”
CORRECTION: An initial version of this article incorrectly reported Judge White was a Clinton appointee. She was initially named by Clinton, but wasn’t confirmed by the Senate under his administration. George W. Bush renamed her and the Senate confirmed her under his watch. The Blade regrets the error.
Congress
EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker
Congressman’s correspondence was shared exclusively with the Blade

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry HernĆ”ndez Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.
Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.
Garcia noted that HernƔndez, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.
Pro-bono lawyers representing HernƔndez during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.
HernĆ”ndez’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.
Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting HernĆ”ndez’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”
The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.
Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:
- What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
- What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
- How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
- What mechanisms exist to prevent and address potential misconduct?
- What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
- What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
- What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:
- Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. HernƔndez Romero as a member of the Tren de Aragua gang?
- What evidence, beyond Mr. HernĆ”ndez Romero’s tattoos, was used to substantiate the claim of gang affiliation?
- Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
- What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
- What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for HernĆ”ndez’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”Ā
HernĆ”ndez’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.
Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”
Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding HernĆ”ndez’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.
HernĆ”ndez āwas denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,ā the governor wrote. āWe are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”
Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing HernƔndez, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.
āUnder the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if thatās the case,ā she said. āIn Andryās case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.ā
“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,ā Toczylowski said.
In March, a DHS spokesperson posted on X that HernĆ”ndez’s āown social media indicates he is a member of Tren de Aragua,ā though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity. Ā
During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence ā “I’m not a gang member. I’m gay. I’m a stylist.”Ā ā crying for his mother as he was slapped and his head was shaved.
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations ā OUT LGBT Well-being and Access Chapter 2 ā that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

District of Columbia
Capital Pride wins $900,000 D.C. grant to support WorldPride
Funds not impacted by $1 billion budget cut looming over city

Capital Pride Alliance, the nonprofit D.C. group organizing WorldPride 2025, this week received a $900,000 grant from the city to help support the multiple events set to take place in D.C. May 17-June 8.
According to an announcement by D.C. Mayor Muriel Bowser and Events D.C., the cityās official convention, sports, and events authority, Capital Pride Alliance was one of 11 nonprofit groups organizing 2025 D.C. events to receive grants totaling $3.5 million.
The announcement says the grants are from the cityās Large Event Grant Program, which is managed by Events D.C. It says the grant program is funded by the Office of the D.C. Deputy Mayor for Planning and Economic Development through a grant from the U.S. Department of Commerce Economic Development Administration.
Nina Albert, the Deputy Mayor for Planning and Economic Development, told the Washington Blade that because the grants consist of federal funds already disbursed to the city, they are not impacted by the billion dollar budget cut imposed on the city by Congress earlier this year.
āWorldPride is one of the 11 grantees, and weāre really just excited that thereās going to be generated a large crowd and introducing the city to a national and international audience,ā Albert said. āAnd we think it is going to be a real positive opportunity.ā
The statement from the mayorās office announcing the grants says funds from the grants can be used to support expenses associated with hosting large events such as venue rental fees, security, labor costs, equipment and other infrastructure costs.
āAll of those things are things that we do for our major events, including WorldPride,ā said Ryan Bos, executive director of Capital Pride Alliance. āSo, the resources from this grant will be extremely helpful as we approach the final weeks of preparation of WorldPride Washington, D.C.,ā he said.
Bos said Events D.C. has been an important partner in helping to promote WorldPride 2025 since the planning began more than two years ago. āAnd weāre excited to have them now support us financially to get us over the finish line and have an amazing event.ā
Both Bos and Deputy Mayor Albert said WorldPride organizers and D.C. government officials were doing all they can to inform potential visitors from abroad and other parts of the U.S. that the local D.C. government that is hosting WorldPride is highly supportive of the LGBTQ community.
The two said WorldPride organizers and the city are pointing out to potential visitors that the local D.C. government is separate from the Trump administration and members of Congress that have put in place or advocated for policies harmful to the LGBTQ community.
āD.C. is more than the federal city,ā Bos told the Blade. āItās more than the White House, more than the Capitol,ā he said. āWe have a vibrant, progressive, inclusive community with many neighborhoods and a great culture.ā
Marcus Allen, an official with Broccoli City, Inc., the group that organizes D.C.ās annual Broccoli City Music Festival, reached out to the Blade to point out that Broccoli City was among the 11 events, along with WorldPride, to receive a D.C. Large Event Grant of $250,000.
Allen said the Broccoli City Festival, which includes performances by musicians and performing artists of interest to African Americans and people of color, is attended by large numbers of LGBTQ people. This yearās festival will be held Aug. 8-10, with its main event taking place at Washington Nationals Stadium.
“Visitors from around the world come to D.C. to experience our world-class festivals and events,” Mayor Bowser said in the grants announcement statement. “These grants help bring that experience to life, with the music, the food, and the spirit of our neighborhoods,” she said. “Together with Events D.C., we’re creating jobs, supporting local talent, and showcasing the vibrancy of our city.”
The full list of organizations receiving this yearās Large Event grants are:
⢠Restaurant Association of Metropolitan Washington
⢠National Cherry Blossom Festival, Inc.
⢠Asia Heritage Foundation
⢠Capital Pride Alliance
⢠U.S. Soccer Federation
⢠Broccoli City, Inc.
⢠U.S.A. Rugby Football Union
⢠Washington Tennis and Education Foundation
⢠D.C. Jazz Festival
⢠Woolly Mammoth Theatre Company
⢠Fiesta D.C., Inc.
“Events DC is focused on creating unique experiencesĀ that resultĀ in jobs, economic impact, and lasting memories for residents, tourists, and guests,” said Events DC President and CEO Angie M. Gates in the announcement statement. “Through the Large Event Grant Program, we will support even more remarkable eventsĀ this year that build community connections, celebrate our distinctive culture, and contribute to our economy.”
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