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.”
District of Columbia
JR.’s hosts meet & greet for mayoral candidate Janeese Lewis George
Event organized by Capital Stonewall Democrats, Queers for Janeese
D.C. mayoral candidate Janeese Lewis George spoke to a crowd of LGBTQ supporters on June 1 at a meet & greet event held at JR.’s on 17th Street in the Dupont Circle neighborhood.
The event, organized by Capital Stonewall Democrats, which has endorsed Lewis George for mayor, with support from a group called Queers for Janeese, was followed by a “get out the vote” canvassing endeavor in which several of those attending the meet & greet visited the homes of nearby residents known to be Lewis George supporters.
The purpose of the canvassing was to remind Lewis George supporters to return their mail-in ballots or go to the polls on June 16 to elect Lewis George as the city’s next mayor, according to Matthew Kavanagh, one of the leaders of Queers for Janeese who attended the meet & greet event at JR.’s.
Local political observers consider Lewis George, a Ward 4 D.C. Council member, and former At-Large D.C. Council member Kenyan McDuffie, to be the two leading candidates in this year’s race for mayor. The two are among seven mayoral candidates competing in the city’s June 16 Democratic primary.
Lewis George told those attending the meet & greet, which was held on the JR.’s outdoor patio, that she has a long record of advocating for and initiating city polices and laws in support of the LGBTQ community. She said large corporate donors were backing her opponents and urged her LGBTQ supporters to help raise funds for her in the remaining days of the campaign.
Among those attending the meet & greet was gay longtime Dupont Circle civic activist Randy Downs who last November opened a nearby eatery called Protest Pizza. “I am queer and I am a Janeese supporter,” Downs told the Blade.
Stevie McCarty, president of Capital Stonewall Democrats, who also spoke at the meet & greet event, said his group would organize events in support of Lewis George in the remaining days of the campaign. Among them, he said, was an LGBTQ bar crawl in which supporters of Lewis George, including the candidate herself, would visit LGBTQ bars to promote her candidacy.
Virginians for Marriage Equality on Monday launched a campaign in support of repealing Virginia’s constitutional amendment that defines marriage as between a man and a woman.
Equality Virginia Executive Director Narissa Rahaman, former state Sen. Adam Ebbin, former state Del. Mark Sickles, and American Civil Liberties Union of Virginia Executive Director Mary Bauer are among those who spoke at the launch that took place in Richmond. State Del. Kirk McPike (D-Alexandria), who co-chairs the campaign, also participated.
“This amendment is about making clear that the government has no business deciding which marriages or which families are worthy of recognition,” said Bauer. “The ACLU of Virginia has been fighting for Virginians’ right to marry who they love since the landmark case, Loving v. Virginia, which struck down the ban on interracial marriage. Now we are proud to carry that legacy forward by standing with our coalition partners in the fight to pass this amendment and finally enshrine the right to marriage equality in the commonwealth’s constitution.”
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
Democratic Gov. Abigail Spanberger in February signed a bill that finalized the referendum’s language.
The referendum will take place on Nov. 3.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
JR.’s hosts meet & greet for mayoral candidate Janeese Lewis George
Campaign to support Va. marriage amendment repeal launched
Why Michelle Visage needs you to get ‘PrEP Wise’
White House Correspondents’ Dinner rescheduled after shooting
CAMP Rehoboth’s new director shares plans for busy summer
Nine Russian LGBTQ groups deemed ‘extremist’ banned
‘The Stranger’ queers an existentialist classic
Ghanaian lawmakers approve anti-LGBTQ bill
Time travelers from the AIDS era
