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Mormons make case for Utah, Okla. marriage bans

LDS Church joins other religious groups in legal filing before Tenth Circuit

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The Mormon Church filed a brief before the Tenth Circuit in opposition to same-sex marriage (photo from wikimedia by Joe Ravi).

The Mormon Church filed a brief before the Tenth Circuit in opposition to same-sex marriage. (Photo from wikimedia by Joe Ravi)

The Mormon Church joined other major Christian groups on Monday in filing a legal brief supporting bans on same-sex marriage in Utah and Oklahoma, although they rely on a study that authors say shouldn’t be used as evidence against same-sex marriage.

The 53-page document urges the U.S. Tenth Circuit Court of Appeals toĀ uphold bans on same-sex marriage on the argument that children are better off when raised by opposite-sex parents.

“Every child has a father and a mother,” the brief states. “Procreation within a stable male-female marriage gives a child a uniquely full human context that accounts for both the childā€™s biology and the deeper intentions and commitments of the childā€™s parents. The male-female ideal in marriage and parenting provides children security and other irreplaceable benefits.”

To bolster this argument, the brief on page 24 relies on a 2002 study from theĀ D.C.-based non-profit Child Trends, titled ā€œMarriage from a Childā€™s Perspective: How Does Family Structure Affect Children and What Can We Do About It?ā€ The study makes no explicit reference to same-sex marriage.

ButĀ anti-gay groups have cited this study before in separate briefs filed before the Supreme CourtĀ last year in favor of California’s Proposition 8 and the Defense of Marriage Act ā€”Ā much to the objection of its authors who say their research says nothing about same-sex marriage.

Frank Walter, a spokesperson for Child Trends, reiterated that objection Tuesday in an email to the Washington Blade.

“Child Trends has been diligent in noting that it is inaccurate to make conclusions about the well-being of children being raised in same-sex households based on our study on heterosexual households,” Walter said. “As noted, this was not part of the study. In fact, we made this case in parliamentary hearings on this issue in Ireland when we were alerted that our information was being misrepresented.”

The study was also cited in the legal brief that the state of Utah filed last week before the Tenth Circuit in favor of its ban on same-sex marriage. The research also comes up in at least one other friend-of-the-court brief that was signed by social scientists and Mark Regenrus, who produced a discredited study against same-sex parenting.

Major psychological and family groups have disputed the notion that gay parents aren’t as fit as straight parents in raising children. Last year, the American Academy of Pediatrics came out in support of same-sex marriage.

Walter encouraged experts on the issue to research the issue of same-sex parenting because of the prevalence of LGBT families.

“We do not have data on children in same-sex families but hope research will be done in this area given the significant number of gay and lesbian families raising children,” Walter said.

The brief was filed in two separate cases related to same-sex marriage: one is the case filed against Utah’s ban, known as Kitchen v. Herbert, the other is the case filed against Oklahoma’s ban, known as Bishop v. Smith.

In addition to the LDS Church, other groups listed on the filing are the United States Conference of Catholic Bishops; National Association of Evangelicals; the Ethics & Religious Liberty Commission of the Southern Baptist Convention; and Lutheran Churchā€”Missouri Synod.

The LDS Church is joining others in filing the brief despite an earlier media report from local Salt Lake City affiliate FOX 13 saying the church wouldn’t issue a filing in the case. The church didn’t immediately respond to a request for comment on why it was participating in filing despite this report.

Additionally, the brief cautions the court against striking down marriage bans on the basis that they adhere to the traditional concerns of morality, suggesting they should be upheld on the basis of freedom of religion.

“It follows that subjecting marriage laws and amendments to unusual constitutional scrutiny because they coincide with traditional morality would also raise grave First Amendment concerns,” the brief states. “Though differing religious groups may align on different sides of the marriage issue,Ā judges cannot pronounce the religious beliefs of one set of voters progressive and another ignorant or hateful.”

The brief is along the lines of similar filings that the Mormon Church and other religious groups submitted before the U.S. Supreme Court last year when California’s Proposition 8 and the Defense of Marriage Act were before the court.

But there’s a key difference: even though the earlier filing included other groups, the only law firm in that document was the Salt Lake City-based Kirton & McConkie, which handles legal matters for the LDS church. Now, Anthony Picarello, general counsel for the U.S. Conference of Catholic Bishops, has joined that firm in signing the document before the Tenth Circuit.

Furthermore, the brief disputes the assertion often made by LGBT advocates (and courts) that bans on same-sex marriage were motivated out of animus toward LGBT people ā€” a key consideration in determining the measures are unconstitutional.

“The accusation is false and offensive,” the brief states. “It is intended to suppress rational dialogue and democratic conversation, to win by insult and intimidation rather than by reason, experience, and fact. In truth, we support the husband-wife definition of marriage because we believe it is right and good for children, families, and society.”

John Gustav-Wrathall, senior vice president of the LGBT Mormon group Affirmation, said he concurs with the view the church isn’t motivated by animus in its opposition to same-sex marriage.

“There may be animus within the Mormon population, just as there is in the population at large,” Gustav-Wrathall said. “Some of that animus may fuel fervor for political activism against same-sex marriage. But generally we’ve seen tremendous progress in the understanding of LGBT people and of same-sex relationships in the church within recent years.”

The Mormon Church has been a key opponent of same-sex marriage after taking a lead role in passing Prop 8 in 2008. Although the church, with a few exceptions, largely stayed out the ballot fights in 2012, it was vocal against the legalization of same-sex marriage in Hawaii and has participated in legal cases to defend bans on same-sex marriage.

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South America

Chilean capital Pride parade participants, activists attacked

Men wearing hoodies disrupted June 29 event in Santiago

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A group of hooded men attacked participants in the Chilean capital's annual Pride parade on June 29, 2024. (Photo courtesy of the Movement for Homosexual Integration and Liberation)

A group of hooded men on June 29 attacked LGBTQ activists and others who participated in the Chilean capital’s annual Pride parade.

Witnesses said the men punched and kicked activists and parade participants, threatened them with a skateboard, threw stones and paint at floats and damaged parade infrastructure. The men also broke a truck’s headlight.

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group known by the acronym Movilh, strongly condemned the acts of violence, calling them deliberate attempts to disrupt a peaceful and safe demonstration.

ā€œVandalism that seeks to transgress the peaceful trajectory of our demonstrations and that is only useful to the interests of the homo/transphobic sectors,” denounced Movilh.

The attack occurred when the hooded men tried to break through the security fence protecting the participants and the truck that was at the beginning of the parade.

“As we do every year, we fence the truck with our volunteers to prevent anyone from being run over or hurt by the wheels,” said Movilh. “The hooded men approached the fence to break it, hitting our volunteers and people outside of our organization with their feet and fists who, in an act of solidarity, tried to dissuade them.”

The motives behind this attack seem to be related to previous calls on social networks to boycott the event, although the organizers stressed that violent acts are alien to the parade’s inclusive and celebratory purpose.

Movilh spokesperson Javiera ZĆŗƱiga told the Washington Blade that “after the attack that we faced during the Pride March, we published in our social networks the few images that were available from that moment.” 

“What we are basically asking is that anyone who has seen something and can recognize any of the aggressors write to our email or (contact us) through our social networks so that we can file complaints and do whatever is necessary to find those responsible.”

ZĆŗƱiga stated that “not only was there aggression against people, but there was also damage to private property because they broke one of the truck’s headlights.”

“So for these two reasons we are looking for anyone who may have information to contact us,” she said.

The incident has generated widespread condemnation within the LGBTQ community and outside of it. They say it highlights the need to protect human rights and diversity and promote respect for them.

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ā€˜Ending HIV Epidemicā€™ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommitteeā€™s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Preventionā€™s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretaryā€™s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal governmentā€™s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 ā€œInstead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,ā€ said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

ā€œWhile we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,ā€ Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as ā€œpolicy ridersā€ that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would ā€œblock the Biden administrationā€™s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.ā€™  The statement says another policy rider would ā€œprevent policies or programs intended to promote diversity, equality, or inclusion.ā€

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommitteeā€™s bill and its proposed spending cuts. ā€œThe bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,ā€ he said.

ā€œImportantly, the bill pushes back on the Biden administrationā€™s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,ā€ Cole said in his statement. ā€œIt also preserves long standing bipartisan policy provisions protecting the right to life.ā€

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Virginia

Man went on ā€˜homophobic rantā€™ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

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Justin Wayne Hendricks was arrested in the case. (Photo courtesy of the Fairfax County Adult Detention Center)

The Hawk & Griffin British Pub located in Vienna, Va.,  posted a message on Facebook last week saying a man was arrested after going on a ā€œhomophobic rantā€ inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

ā€œLast night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,ā€ the Hawk & Griffin Facebook posting says. ā€œHe then spit on our windows and came inside to confront our staff and patrons with homophobic rants,ā€ the posting continues.

ā€œOur manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,ā€ the message says. ā€œWe want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,ā€ the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being ā€œdrunk in publicā€ and  providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.

The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.

ā€œOn Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,ā€ a Vienna police statement says. ā€œUpon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,ā€ according to the statement.

The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.

Details of the prior sex offender charge couldnā€™t immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.

Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealthā€™s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

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