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Judge halts gay marriages in Philly suburb

Validity of 118 weddings uncertain

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Kathleen Kane, gay news, Washington Blade, Pennsylvania, gay marriage, same-sex marriage, marriage equality
Kathleen Kane, gay news, Washington Blade, Pennsylvania, gay marriage, same-sex marriage, marriage equality

Pennsylvania Attorney General Kathleen Kane announced she would not defend the state’s anti-gay marriage law. (Photo courtesy AG website)

A Pennsylvania judge on Thursday ordered a clerk in a suburban Philadelphia county to stop issuing marriage licenses to same-sex couples, saying only the state legislature or a state or federal court had legal authority to overturn the state’s ban on gay marriage.

The ruling came two months after Montgomery County, Pa., Register of Wills D. Bruce Hanes startled state officials by deciding on his own to begin granting marriage licenses to gay and lesbian couples.

Hanes, who is in charge of the county’s marriage license office, said the U.S. Supreme Court’s decision in June overturning a section of the federal Defense of Marriage Act on grounds that it was unconstitutional also invalidated the Pennsylvania law prohibiting same-sex marriage.

But Commonwealth Court Judge Dan Pellegrini ruled on Thursday that it was not up to Hanes to decide whether or not a state law is unconstitutional.

“Unless and until either the General Assembly repeals or suspends the marriage law provisions or a court of competent jurisdiction orders that the law is not to be obeyed or enforced, the marriage law in its entirety is to be obeyed and enforced by all commonwealth public officials,” Pellegrini said in his ruling.

The Associated Press reported that Hanes said he was disappointed by Pellegrini’s ruling but would abide by the judge’s order to stop issuing marriage licenses.

Earlier this year the ACLU filed a lawsuit on behalf of same-sex couples challenging the constitutionality of Pennsylvania’s ban on same-sex marriage. To the delight of LGBT activists, Pennsylvania Attorney General Kathleen Kane announced she would not defend the law.

Hanes cited Kane’s position that the state law was unconstitutional based on the Supreme Court’s DOMA ruling as justification for his decision to issue marriage licenses to gay and lesbian couples in Montgomery County, which touches on the northwest border of Philadelphia.

According to the Philadelphia Inquirer, Hanes began issuing marriage licenses to same-sex couples on July 24 with the full backing of the county’s Democratic commissioners. As of earlier this week, 174 same-sex marriage licenses had been issued and 118 of the couples that obtained their license had completed their weddings, the Inquirer reported.

Pelligrini issued his ruling ordering Hanes to stop issuing the licenses after the administration of Pennsylvania Gov. Tom Corbett (R) filed suit against Hanes in Commonwealth Court on grounds that the state was obligated to enforces all of its laws.

It could not immediately be determined whether the marriages of the same-sex couples through licenses issued by Hanes would remain valid.

Vic Walczak, an attorney with the ACLU of Pennsylvania representing gay couples challenging the state’s gay marriage ban, told AP Pellegrini’s decision would have no impact on the ACLU case.

“It is full speed ahead for the ACLU lawsuit,” AP quoted him as saying.

Similar to the action by Hanes, several counties in New Mexico have begun issuing same-sex marriage licenses. New Mexico’s Supreme Court is deliberating over a challenge by state officials to the issuance of the licenses and a ruling on the issue was expected later this year.

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

“This ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,” said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

“By forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.”

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State Department

HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration

Black coffins placed in front of Harry S. Truman Building

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HIV/AIDS activists place black Styrofoam coffins in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)

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 President’s Emergency Plan for AIDS relief and other “life-saving humanitarian assistance” 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 — OUT LGBT Well-being and Access Chapter 2 — 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.

Health GAP Executive Director Asia Russell, center, speaks in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

Pentagon urged to reverse Naval Academy book ban

Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

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U.S. Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.

Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.

These included “I Know Why the Caged Bird Sings” by Maya Angelou, “Stone Fruit” by Lee Lai, “The Hate U Give” by Angie Thomas, “Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong” by James W. Loewen, “Gender Queer: A Memoir” by Maia Kobabe, and “Democracy in Black: How Race Still Enslaves the American Soul” by Eddie S. Glaude, Jr. 

The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.

In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”

“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,” Lambda Legal Chief Legal Officer Jennifer C. Pizer and LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.

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