News
Utah judge legalizes same-sex marriage
No stay in decision means gay couples can apply for licenses immediately

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-page 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 Utah’s prohibition on same- sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law,” Shelby writes. “The State’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 — handed down in response to a request for summary judgment from all parties involved — 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.
Me and my new husband!! My polygamous Mormon great grandparents would be so proud! pic.twitter.com/82xyh9GJoS
— Seth Anderson (@jsethanderson) December 20, 2013
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 court’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 General’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.
“I 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.”
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” — 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 country’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 – Derek Kitchen and Moudi Sbeity; Karen Archer and Kate Call; and Laurie Wood and Kody Partridge — who were represented by the law firm of Magleby & Greenwood. 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, 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 Scalia’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 Utah’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 human dignity and liberty by denying them the freedom to marry the partner of their choice. Utah’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 – 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.”
Malaysia
Malaysia blocks access to Grindr, other gay dating websites
Restrictions part of continued anti-LGBTQ crackdown
Malaysia has blocked access to Grindr, Blued, and other gay dating websites, and is now considering further steps to restrict their mobile application.
Communications Minister Fahmi Fadzil on Feb. 25 said the government is pursuing legal measures to curb the availability of LGBTQ dating apps on Google’s Play Store and Apple’s App Store.
Fadzil, in a written parliamentary reply, said the Malaysian Communications and Multimedia Commission has not received any requests to remove the mobile versions of Grindr and Blued from app stores, noting the challenges of regulating platforms owned by foreign companies.
“Control over applications on platforms such as Google Play and Apple Store is subject to regulations and policies set by the said platform providers, since both applications are owned by foreign companies operating outside of Malaysia,” Fadzil said. “This includes those that spread lewd or immoral content, exploitation, abuse, scams, exploiting children or threats towards public safety.”
Fadzil was responding to a question about whether the Malaysian Communications and Multimedia Commission had worked with app store providers to block downloads of such apps.
The Washington Blade reached out to Google and Apple multiple times for comment but did not receive a response.
Malaysia has stepped up digital restrictions targeting the LGBTQ community as part of a broader crackdown on what authorities describe as “deviant” or immoral content. Consensual same-sex sexual relations remain criminalized in the country under both civil and Sharia law.
Malaysia has proposed a Cyber Crime Bill that would expand the government’s legal powers to address the misuse of digital platforms, including the promotion of same-sex dating applications, Deputy Prime Minister Ahmad Zahid Hamidi said. The bill would replace the Computer Crimes Act of 1997.
“We are disappointed in the decision to block access to Grindr in Malaysia and believe that online platform regulation should be proportionate and consistent with international human rights law,” a Grindr spokesperson told the Blade in an email.
“At Grindr, our mission is to help make a world where the lives of our global community are free, equal, and just,” added the spokesperson. “For many of our users, Grindr is often the primary way for them to connect, express themselves, and discover the world around them. In addition to serving as an important source of information, Grindr is committed to advancing the health and well-being of the community around the world and through our social impact initiative, Grindr for Equality, we partner with hundreds of advocates, community-based organizations, and public health agencies to support the global LGBTQ+ community.”
Grindr, based in California, is popular around the world. Blued, a China-based app that BlueCity operates, is one of the world’s largest social networking and dating platforms for gay men.
Blued did not respond to the Blade’s request for comment.
Online platforms ‘critical for LGBTQ people’
Malaysian authorities in May 2023 raided Swatch stores at shopping malls across the country and confiscated more than 160 rainbow-colored watches from the company’s Pride collection, saying the designs carried “LGBT connotations.” The raids, which the Home Affairs Ministry carried out, were widely criticized by advocacy groups.
Police last June opened an investigation into a closed-door LGBTQ sexual health workshop.
Selangor police chief Hussein Omar Khan said authorities were examining the event under the Penal Code for allegedly causing “disharmony or ill will” on religious grounds, as well as under the Communications and Multimedia Act, a law frequently used to police online speech. Critics said the investigation reflected growing government overreach and warned against the criminalization of public health initiatives aimed at marginalized communities. Activists cited this case as another example of Prime Minister Anwar Ibrahim’s crackdown on LGBTQ rights.
The Home Affairs Ministry in November 2020 banned the book “Gay Is OK! A Christian Perspective,” written by Pastor Oyoung and published by Gerakbudaya in 2013, saying it was likely to be “prejudicial to public order, morality and the public interest.” The Kuala Lumpur High Court later overturned the ban and ordered the respondents — then-Home Affairs Minister Hamzah Zainudin and the Malaysian government — to pay costs of 5,000 Malaysian ringgit ($1,276.81.)
A 2014 Human Rights Watch report documented widespread discrimination and abuse against transgender women in the country.
The report found that trans people face arrests under laws that effectively criminalize “cross-dressing,” along with harassment and abuse by police and religious authorities. It also described systemic discrimination in employment, health care, and education, leaving many trans women marginalized and vulnerable to violence and exploitation.
Thilaga Sulathireh, a founding member of Justice for Sisters, a Malaysian trans rights group, said restrictions on LGBTQ people’s freedom of expression through censorship have been an ongoing trend in Malaysia over the past decade.
Sulathireh said there have been increasing calls to curb what critics describe as “LGBT normalization” in films, books, and social media, which activists link to what they say is a harmful and inaccurate perception that LGBTQ people are immoral. Sulathireh added Grindr had been blocked in Malaysia for several years and that, as of last weekend, the app was no longer available on Google Play and the Apple App Store. Sulathireh said Justice for Sisters views the move as a serious violation of LGBTQ people’s rights to nondiscrimination, dignity, privacy, and freedom of expression.
“The blocking of LGBTQ related apps is part of the on-going and increasing trend of state sponsored discrimination against LGBTQ people in Malaysia,” Sulathireh told the Blade in an email. “In late February, the deputy minister in the prime minister’s (Religious Affairs) Department announced that the government is opting to replace references to LGBT persons with the term “budaya songsang” (deviant culture) and encouraged others to do the same to avoid LGBT normalization in all spaces, including social media. At the same time, called on members of the public to immediately report ‘suspicious activities, events or content.’”
Sulathireh told the Blade a deputy minister recently outlined a range of government-led initiatives targeting LGBTQ people in Malaysia.
According to Sulathireh, these include so-called “spiritual guidance camps.” Sulathireh said some participants, including those who identify as “ex-LGBT” or part of the “hijrah” community, have been encouraged to act as peer educators to reach other LGBTQ people.
Additional initiatives the deputy minister listed include academic Islamic conferences, state-level sermons coordinated by the state Islamic councils, and mosque-level programs. Sulathireh told the Blade the government presented a paper to the Council of Rulers outlining what officials described as the negative implications of legal gender recognition. Sulathireh said authorities have also established a multiagency committee to address issues involving Muslim LGBTQ people, promoted what they call “psychospiritual therapy,” and worked with police and the Communications and Multimedia Commission to monitor the promotion of LGBTQ-related activities online.
“The blocking of these apps and websites severely impacts all areas of LGBTQ people’s lives,” said Sulathireh. “These platforms have proven critical for LGBTQ people to find support, communities, access life-saving resources, information and services, love and intimacy. I think being able to find love, intimacy and connections is critical for LGBTQ’s self-acceptance, self-worth, health, and well-being.”
“The blocking makes it even more challenging for people to connect safely online and offline,” added Sulathireh. “People will become more isolated and all of these have a severe impact on LGBTQ’s mental health and well-being, which is already poor.”
Sulathireh said Justice for Sisters research and observations indicate many LGBTQ people in Malaysia already experience social media and digital spaces as hostile environments. As a result, many limit their use of these platforms and adopt higher levels of self-censorship. Sulathireh added the recent bans targeting LGBTQ visibility on digital platforms are also unfolding alongside a broader policy push to restrict social media access for children under 16.
“The state sponsored LGBTQ discrimination over the years has resulted in increasing discrimination by non-state actors and anti-rights groups with impunity,” Sulathireh said. “This ban will further entrench the culture of impunity against LGBTQ people.”
Nalini Elumalai, senior Malaysia program officer at ARTICLE 19, an international freedom of expression organization, said the blocking of dating apps is not occurring in isolation but is happening under the guise of public morality, digital censorship, and the enforcement of laws that undermine the rights of LGBTQ individuals in Malaysia.
Elumalai noted that Deputy Religious Affairs Minister Marhamah Rosli recently urged the public to refrain from using the term “LGBT” and instead describe it as “deviant culture” in an effort to combat normalization and reduce LGBTQ-related content on social media. Elumalai said blocking Grindr and Blued represents an ongoing attack on the LGBTQ community, particularly their rights to freedom of expression, access to information, and to be treated equally before the law without discrimination — protections guaranteed under Articles 8 and 10 of Malaysia’s Federal Constitution.
“The blocking of LGBTQI+ dating platforms appears to reflect a broader pattern in Malaysia where LGBTQI+-related expression and activities face heightened scrutiny and repression, particularly when they become visible online,” said Elumalai in a statement to the Blade.
Elumalai noted JEJAKA, a community-based organization had to cancel their “Glamping with Pride” event that was to have taken place on Jan. 17-18 because of safety concerns after it received death threats on social media.
“Ongoing repression of LGBTQI+ expression will further entrench systemic discrimination against marginalized groups, normalise inequality, and perpetuate division and hostility among the people in Malaysia,” said Elumalai. “Further, when one group is punished or prevented from expressing themselves freely online, others, including various online platforms, may also self-censor out of fear that they too could face scrutiny or penalties, even for legitimate expressions.”
The Malaysian Communications and Multimedia Commission has not responded to the Blade’s request for comment.
Chile
Far-right Chilean President José Antonio Kast takes office
Former congressman opposes LGBTQ rights
Chilean President José Antonio Kast took office on Wednesday.
Kast — the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018 — defeated Jeannette Jara — a member of the Communist Party of Chile who was the former labor and social welfare minister in former President Gabriel Boric’s government — in last year’s presidential election.
The Chilean constitution prevented Boric from running for a second consecutive term.
The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. Kast has also publicly opposed the country’s marriage equality law that took effect on March 10, 2022, the day before Boric took office.
The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, declared a “state of alert” after Kast’s election, “given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”
Argentine President Javier Milei, Deputy U.S. Secretary of State Christopher Landau, and Venezuelan opposition leader María Corina Machado are among those who attended Kast’s inauguration that took place in the Chilean Congress in Valparaíso.
District of Columbia
Capital Stonewall Democrats set to celebrate 50th anniversary
Mayor Bowser expected to attend March 20 event
D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.
A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.
“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.
Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.
Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.
He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.
Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.
Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.
“Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”
The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.
Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C. Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.
Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th
