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Court rules gay couples can marry now in Chicago area

LGBT advocates say ruling should apply statewide

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Vernita Gray (left) and Patricia Ewert were the first same-sex couples in Illinois (Photo courtesy Lambda Legal).

Vernita Gray (left) and Patricia Ewert became the first gay couple to wed in Cook County.(Photo courtesy Lambda Legal).

A federal court in Illinois ruled on Friday gay couples can marry immediately in the Chicago-area Cook County without waiting for the marriage equality law to take effect in June.

Meanwhile, LGBT advocates behind the lawsuit are interpreting the decision to mean clerks across the state should begin granting marriage licenses to same-sex couples.

In a brief four-page order, U.S. District Judge Sharon Johnson Coleman, an Obama appointee, says Cook County can no longer prohibit gay couples from marrying because the marriage ban violates the Fourteenth Amendment to the U.S. Constitution.

“There is no reason to delay further when no opposition has been presented to this Court and committed gay and lesbian couples have already suffered from the denial of their fundamental right to marry,” Coleman writes.

As Coleman notes, “there is no opposition” to the ruling because Cook County Clerk David Orr and Illinois Attorney General Lisa Madigan weren’t defending the marriage law in court. Both Orr and Madigan filed briefs in support of the plaintiff same-sex couples in the case.

Although Gov. Pat Quinn signed into law a bill legalizing same-sex marriage in Illinois, the measure won’t take effect until June.

The class-action lawsuit, Lee v. Orr, was filed by Lambda Legal and ACLU of Illinois of behalf of same-sex couples seeking to wed before that time in Cook County. The named plaintiffs in the lawsuit — Elvie Jordan and Challis Gibbs as well as Ronald Dorfman and Ken Ilio — are facing terminal illness.

In her ruling, Coleman invokes the legacy of civil rights leader Martin Luther King, Jr., to explain her decision to allow gay couples in Cook County to wed immediately.

“Since the parties agree that marriage is a fundamental right available to all individuals and should not be denied, the focus in this case shifts from the ‘we can’t wait for the terminally ill individuals to ‘why should we wait’ for all gay and lesbian couples who want to marry,” Coleman writes. “To paraphrase Dr. Martin Luther King, Jr., the time is always ripe to do right.”

Bernard Cherkasov, CEO of Equality Illinois, praised Coleman for a ruling that he said would bring justice to thousands of same-sex couples.

“Tens of thousands of Illinois couples have been waiting for a long time, some for decades, for their love, commitment and marriage to be recognized,” Cherkasov said. “This day – and the opportunity to finally get married – could not have come sooner. We congratulate all of the couples and their families, and the people of Illinois on this significant day.”

Orr said in a statement the Bureau of Vital Records would be open an extra two hours on Friday until 7 p.m. to accommodate couples seeking to wed in the wake of the court order.

“I’m thrilled same-sex couples who want to get married won’t have to wait any longer,” Orr said. “We are very excited to celebrate this historic milestone with every loving couple from today onward.”

According to Cook County, marriage licenses are valid from the day after issuance and for 60 days, so couples that obtain a marriage license on March 1 may get married between March 2 and April 30.

Moreover, the $60 license fee will be waived for couples already in a civil union. Couples that wish to convert their prior civil union date to a marriage will have to wait until June 1 because it was not addressed in Coleman’s order.

There are differing accounts about the scope of the opinion. Coleman writes her ruling only applies to Cook County because of the nature of the lawsuit.

“Although this court finds that the marriage ban for same-sex couples violates the Fourteenth Amendment Equal Protection Clause on its face, this finding can only apply to Cook County based on the posture of the lawsuit,” Coleman said.

But LGBT advocates are interpreting the ruling differently and say clerks across Illinois should start affording marriage licenses to same-sex couples.

Erik Roldon, a Lambda spokesperson, said no clerk in Illinois has authority to enforce the marriage ban in the aftermath of the decision.

“The law was declared facially unconstitutional,” Roldan said. “That means there are no circumstances under which it can be enforced – in Cook or elsewhere.”

Edwin Yohnka, a spokesperson for the ACLU of Illinois, shared that assessment of the ruling.

“The court found the current marriage ban to be unconstituional,” Yohnka said. “We would hope that all clerks would read that decision. If they do, we believe that they would not want to be in the position of enforcing a law that has been found unconstitutional.”

Gay couples that marry as a result of the court decision would not be the first to do so in Illinois. Vernita Gray and Patricia Ewert married in Cook County in November as a result of a federal court saying they should be afforded a marriage license immediately because Gray has been diagnosed with terminal breast cancer.

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Kazakhstan

Kazakh Senate approves anti-LGBTQ propaganda bill

Measure ‘would undermine fundamental rights guaranteed under’ constitution

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Kazakh flag (Photo by misima/Bigstock)

The Kazakh Senate on Thursday approved a bill that would ban so-called LGBTQ propaganda in the country.

Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” Senators earlier this month delayed a vote on the bill.

President Kassym-Jomart Tokayev has indicated he would sign it.

“If enacted, these provisions would undermine fundamental rights guaranteed under Kazakhstan’s Constitution, particularly the principle of equality and non-discrimination, by directly targeting and stigmatizing LGBTI people and anyone perceived to support them,” said ILGA-Europe in a statement after Thursday’s vote.

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China. Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.

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District of Columbia

Brian Footer suspends campaign for Ward 1 D.C. Council seat

Race’s third LGBTQ candidate cites family reasons for ‘stepping back’

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Brian Footer (Photo courtesy of Brian Footer)

Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.

“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”

Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.

Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.

At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.

In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.

“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”

Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.

His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.

“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”

Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”  

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Politics

LGBTQ Democrats say they’re ready to fight to win in 2026

DNC winter meetings took place last weekend in Los Angeles

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Then-Vice President Kamala Harris speaks at the 2024 Democratic National Convention in Chicago on Aug. 22, 2024. The former vice president spoke at the Democratic National Committee's annual winter meetings in Los Angeles. (Washington Blade photo by Michael Key)

The Democratic National Committee held its annual winter meetings in Downtown Los Angeles over the weekend, and queer Democrats showed up with a clear message for the national organization: don’t abandon queer and transgender people.

Following last year’s disastrous presidential and congressional elections, many influential pundits and some powerful lawmakers called on Democrats to distance the party from unpopular positions on trans rights, in order to win swing districts by wooing more conservative voters.

But members of the DNC’s LGBTQ Caucus say that’s actually a losing strategy.

“There are still parts of our party saying we need to abandon trans people in order to win elections, which is just not provable, actually. It’s just some feelings from some old consultants in DC,” LGBTQ Caucus Chair Sean Meloy says.

Some national Democrats are already backtracking from suggestions that they walk back on trans rights. 

California Gov. Gavin Newsom grabbed national attention in March when he suggested that it was “deeply unfair” for trans girls to play in women’s sports. But last week, he doubled down on support for trans rights, claiming to have signed more trans-rights legislation than any governor in the country, and entering into feuds on X with Elon Musk and Nicki Minaj over his support for trans kids.

Democrats are also clearly feeling the wind in their sails recently after major election victories in Virginia and New Jersey last month, as well as victories in dozens of local and state legislative elections across the country in 2025. 

“[Abigail] Spanberger in Virginia didn’t win by dodging the trans question. She won by attacking it, confronting it, and that’s how she got ahead,” says Vivian Smotherman, a trans activist and at-large member of the DNC’s LGBTQ Caucus.

“Trans people are not a problem. We are a resource,” Smotherman says. “For my community, surviving into adulthood is not a guarantee, it’s an accomplishment. You don’t walk through a survival gauntlet without learning things … I’m not begging the DNC to protect my community. I’m here to remind you that we are the warriors tempered by fire, and we are fully capable of helping this party win.”

At its own meeting on Friday, the LGBTQ Caucus announced several new initiatives to ensure that queer and trans issues stay top of mind for the DNC as it gears up for the midterm elections next year.

One plan is to formalize the DNC’s Trans Advisory Board as distinct from the LGBTQ Caucus, to help introduce candidates across the country to trans people and trans issues.

“One in three people in this country know a trans person. Two-thirds of Americans don’t think they do,” Smotherman says. “So the real problem is not being trans, it’s that you don’t know us. You cannot authentically support a trans person if you’ve never met one. 

“That’s why my first goal with this Trans Advisory Board is to host a monthly Meet a Trans Person webinar. Not as a spectacle, as a debate, but as a human connection, and I will be charging every state chair with asking every one of their candidates up and down the board if they know a trans person. And if that person doesn’t know a trans person, I’m gonna have that state chair put them on that webinar.”

The LGBTQ caucus is also opening up associate membership to allies who do not identify as LGBTQ, in order to broaden support and connections over queer issues.

It’s also preparing for the inevitable attacks Republicans will throw at queer candidates and supporters of LGBTQ issues. 

“These attacks are going to come. You have to budget money proactively. You have to be ready to fight,” Meloy says. “There are some local party chairs who don’t want to recruit LGBTQ candidates to run because these issues might come up, right? That’s an absolutely ludicrous statement, but there are still people who need support in how to be ready and how to respond to these things that inevitably come.” 

“The oldest joke is that Democrats don’t have a spine. And when they come after us, and we do not reply, we play right into that.” 

Meloy also alluded to anti-LGBTQ tropes that queer people are out to harm children, and said that Democrats should be prepared to make the case that it’s actually Republicans who are protecting child abusers – for example, by suppressing the Epstein files.

“They are weak on this issue. Take the fight, empower your parties to say, ‘These people have nothing to stand on,’” Meloy says.

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