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Utah judge legalizes same-sex marriage

No stay in decision means gay couples can apply for licenses immediately

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Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade
Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade

A federal judge in Utah has struck down the state’s ban on same-sex marriage. Michael Ferguson (left) and Seth Anderson were married in Salt Lake City. (Photo courtesy of Seth Anderson)

A federal judge in Utah has ruled the state’s constitutional ban on same-sex nuptials is unconstitutional, enabling gay couples in the state to apply for marriage licenses immediately.

U.S. District Judge Robert Shelby, an Obama appointee, issued 53-pageĀ decision on Friday, determining the state’s ban on same-sex marriage violates gay couples’ rights under the 14th Amendment of the U.S. Constitution.

“Applying the law as it is required to do, the court holds that Utahā€™s prohibition on same- sex marriage conflicts with the United States Constitutionā€™s guarantees of equal protection and due process under the law,” Shelby writes. “The Stateā€™s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.”

The decision ā€” handed down in response to a request for summary judgment from all parties involved ā€” makes Utah the 18th state in the country where same-sex marriage is legal. No stay was placed in the decision, so gay couples can apply for marriage licenses immediately.

One such couple, Seth Anderson and his new spouse, documented their application for a marriage license in Utah on Twitter within an hour after the ruling.

 

Gov. Gary Herbert (R-Utah) opposes same-sex marriage and defended the ban against the litigation in court, so is expected to appeal the decision to the U.S. Tenth Circuit Court of Appeals. Herbert, along with Acting Attorney General Brian Tarbet, filed a notice of appeal with the district court following the ruling.

In a statement, Tarbet said his office is requesting an emergency stay in anticipation of an appeal to higher court.

“The federal district courtā€™s ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit,” Tarbet said. “The state is requesting an emergency stay pending the filing of an appeal. The Attorney Generalā€™s Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah.”

Earlier, Herbert said he’s “disappointed” with the judge’s ruling and is examining ways to keep the ban to same-sex marriage in place within the state.

ā€œI am very disappointed an activist federal judge is attempting to override the will of the people of Utah,” Herbert said. “I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah.ā€

The ruling marks the second time a court has struck down a ban on same-sex marriage that was constitutional and not statutory. The first was the 2010 ruling against California’s Proposition 8. It’s also the first time a court struck down a constitutional ban on same-sex marriage in the aftermath of the U.S. Supreme Court’s decisions on Prop 8 and Section 3 of the Defense of Marriage Act.

Shannon Minter, legal director for the National Center for Lesbian Rights, told the Washington Blade the decision is “a huge win” ā€” not just for same-sex couples in Utah, but the entire country.

“To have such a historic ruling take place in Utah speaks volumes about our countryā€™s trajectory from discrimination to acceptance and support for same-sex couples and their families,” Minter said.

The challenge to the law was brought by three Utah couples ā€“ Derek Kitchen and Moudi Sbeity; Karen Archer and Kate Call; and Laurie Wood and Kody Partridge ā€” whoĀ were represented by the law firm of Magleby & Greenwood.Ā The couples either wished to be married in Utah or were legally married elsewhere and wanted their home state to recognize their marriage.

The decision makes heavy use of the Supreme Court decision against DOMA as part of the reasoning striking down Utah’s ban on same-sex marriage. Ironically,Ā Shelby draws on the dissent of U.S. Associate Justice Antonin Scalia, who wrote it would be “easy” for judges to apply the DOMA decision to state laws banning same-sex marriage.

“The court agrees with Justice Scaliaā€™s interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law,” Shelby writes.

Utah voters in 2004 approved the state constitutional ban on same-sex marriage, known as Amendment 3, by a margin of 65.8 percent to 33.2 percent. It bans both same-sex marriage and marriage-like unions.

Shelby writes the issue of same-sex marriage is “politically charged in the current climate” and more so because the current law is in place as a result of referendum. However, Shelby rules that even a vote of the people can’t defy the U.S. Constitution.

“It is only under exceptional circumstances that a court interferes with such action,” Shelby writes. “But the legal issues presented in this lawsuit do not depend on whether Utahā€™s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself, and on the interpretation of that document contained in binding precedent from the Supreme Court and the Tenth Circuit Court of Appeals.”

The judge concludes by drawing on the 1966 case of Loving v. Virginia, which struck down state bans on interracial marriage throughout the country, saying the defense in favor of these bans 50 years ago is the same the state provided for Utah’s ban on same-sex marriage.

“For the reasons discussed above, the court finds these arguments as unpersuasive as the Supreme Court found them fifty years ago,” Shelby writes. “Anti-miscegenation laws in Virginia and elsewhere were designed to, and did, deprive a targeted minority of the full measure of humanĀ dignity and liberty by denying them the freedom to marry the partner of their choice. Utahā€™s Amendment 3 achieves the same result.”

Marc Solomon, national campaign director for the LGBT group Freedom to Marry, said ruling represents a historic end to a year of tremendous success for the marriage equality movement.

“The federal district judge has done the right thing by affirming that marriage is a fundamental freedom for all people, gay and non-gay ā€“ for all of us who believe in liberty and fairness,” Solomon said. “We hope that officials implement this ruling statewide. As same-sex couples celebrate their weddings, more people will see that sharing in the freedom to marry helps families and harms no one.ā€

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

ā€˜Biden administration is flat wrong on thisā€™

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

ā€œHealth care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

ā€œThe Biden administration is flat wrong on this. Itā€™s wrong on the science and wrong on the substance. Itā€™s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patientsā€”where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitationā€”the entire community is watching.” 

ā€œNo parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,ā€ she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

ā€œThis is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,ā€ said Scott.

ā€œLetā€™s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patientsā€™ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youthā€™s access to the very same care that many cisgender youth receive every year ā€” thatā€™s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.ā€ 

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Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

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Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June. 

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk. 

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

ā€œYou know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,ā€ Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

ā€œIt was a great year,ā€ he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.ā€

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond. 

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state. 

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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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