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Prop 8 trial begins Monday

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The eyes of LGBT rights supporters will be on the proceedings of a California federal court case next week that could overturn the state’s ban on same-sex marriage — and possibly similar bans throughout the country.

The trial in the case of Perry v. Schwarzenegger will begin Monday. Judge Vaughn Walker of the U.S. District Court’s Northern District of California will preside and has called for expedited proceedings because of the serious nature of the complaints raised by plaintiffs.

During the trial, Walker will consider witness testimony, documents and other evidence and arguments from both sides over the constitutionality of Proposition 8, an amendment to the state constitution banning same-sex marriage. The amendment was approved in 2008 through voter referendum.

Attorneys Ted Olson and David Boies are representing plaintiff couples that were denied marriage licenses in California because of the state’s ban on same-sex marriage.

While it’s the first time these lawyers have worked together on a case, they have crossed paths before in opposition to each other. In the 2000 case of Bush v. Gore, Olson represented then-Republican presidential nominee George W. Bush while Boies represented then-Democratic presidential nominee Al Gore.

Olson and Boies — who are litigating on behalf of the American Foundation for Equal Rights, a California-based LGBT organization founded last year — are arguing Prop 8 is unconstitutional because it violates the Equal Protection Clause of the Fourteenth Amendment and singles out LGBT people for discrimination, among other reasons.

Yusef Robb, an AFER spokesperson, said, “preparations are intense” for the legal team that is arguing that Prop 8 is unconstitutional.

“Proposition 8 is wrong and it’s unconstitutional, and we will demonstrate that through the testimony of our plaintiffs, expert [witnesses], evidence and arguments from an unmatched legal team,” he said.

Robb said the trial should last about three weeks, but could drag out for five weeks. Supporters of the lawsuit are expecting the case to go to the U.S. Supreme Court, but first the case would have to be heard in the Ninth Circuit Court of Appeals.

Geoff Kors, executive director of Equality California, said the case is significant because “it’s a critical piece in the ongoing fight for full equality.”

“We are extremely hopeful that the federal courts will strike [down] Prop 8 as unconstitutional because it clearly violates the federal Constitution, especially in light of the California Supreme Court decision that upheld Prop 8 in the California Constitution,” he said.

Equality California was among the groups that filed a “friend-of-the-court” brief in favor of overturning Prop 8. Kors said he’s confident Walker will overturn Prop 8 because it’s “a clear violation of the United States Constitution.”

Other groups that have filed “friend-of-the-court” briefs are the American Civil Liberties Union, Lambda Legal and National Center for Lesbian Rights. The City and County of San Francisco — under the leadership of City Attorney Dennis Herrera and Chief Deputy City Attorney Therese Stewart — are supporting the plaintiffs as co-counsel and are focusing on the negative impact Prop 8 has on government services and budgets.

While the case is focused on the constitutionality of Prop 8, it’s possible that marriage bans throughout the country could be struck down if the case goes to the Supreme Court and it rules in favor of the plaintiffs.

Robb said the question of whether a Supreme Court ruling would end marriage bans throughout the country “would depend on the particular issues the court chooses to review, as well as how they specifically draft their opinion.”

One contentious issue leading up to the trial was whether the judge would allow TV cameras in the courtroom to record and broadcast the trial.

Opponents of Prop 8 urged Walker to allow proceedings to air on TV to bring more attention to the marriage issue, while supporters of Prop 8 are arguing against such a move because they feel backers of the amendment would be subject to harassment and intimidation.

Walker ruled Wednesday that the trial will be recorded — but the broadcast will be delayed and it will air on the Internet and not live TV, according to media reports.

Walker decided to post a delayed recording of the case challenging Proposition 8 on YouTube, according to the The San Francisco Chronicle. AFER announced the decision in a Twitter posting: “Judge: pending approval from 9th Circuit, trial will be recorded daily for delayed posting to internet.”

Robb said AFER believes it’s important for the trial to air to show the harm that Prop 8 has caused same-sex couples.

“This trial is a chance for the true harm of Prop 8 to be revealed through facts, evidence and the law, without the spin, slogans and deception that dominate political campaigns,” he said. “These proceedings should be available to as many people as possible.”

Kors also supports airing the trial. He said the broadcast would allow people who are undecided on same-sex marriage to learn more about why marriage rights are important to LGBT people.

“It’s an opportunity for them to see us for who we really are, and for them to hear the arguments both from our side about why equality is so important and why denying us the freedom to marry harms us and our families, and to really hear what the right-wing’s justification for that discrimination is,” he said.

Kors also claimed that airing the trial would reveal that supporters of Prop 8 distorted the truth during the 2008 campaign as they encouraged voters to approve the amendment.

Among the disputed arguments that supporters of Prop 8 put forward was that failure of the amendment would mean that children would have to learn about same-sex marriage in public schools.

“It’s different when you’re arguing in court and testifying under oath than it is when you run a 30-second television ad that tells lies,” he said. “So it’s a chance for people to hear the truth from both sides, which is why we want it to be televised and clearly why the right-wing doesn’t because it’s not an environment where they can control what they’re saying.”

While predicting that the trial court would strike down Prop 8, Kors said it’s possible that the ruling could be overturned by a higher court.

But if that happened, Kors said the trial court proceedings would still be helpful in persuading the public to overturn the amendment at the ballot box. Equality California has chosen 2012 as the year to challenge Prop 8 through another voter referendum.

“It’s an opportunity for the public to learn more about why marriage equality is so important for same-sex couples and their families — and that the lies the right-wing told in California and more recently in Maine are nothing but lies,” Kors said. “And that, I think, is going to be really important in moving public opinion.”

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event — described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” — took place before the State Department’s annual Pride Month reception. Participants included:

• Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

• U.S. Ambassador to the U.N. Linda Thomas-Greenfield

• U.S. Trade Representative Katherine Tai

• U.S. Ambassador to India Eric Garcetti

• Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

• Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

• U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

• USAID Counselor Clinton D. White

• National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

• Assistant U.S. Secretary of Health Adm. Rachel Levine

• National Security Council Human Rights Director Jess Huber

• U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

• Icelandic Ambassador to the U.S. Bergdís Ellertsdóttir

• Council for Global Equality Co-Executive Director Mark Bromley

• Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

• Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

• Pau González, co-chair of Hombres Trans Panamá and PFLAG-Panamá

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administration’s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them — here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor Orbán’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons — vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“We’re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries — Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands — have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe America’s support is indispensable,” said Blinken. “When we engage — sometimes publicly, sometimes privately, sometimes both — when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken. “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, it’s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know — but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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