News
Will the 6th Circuit allow Michigan marriages to continue?
Weddings halted until at least Wednesday, but no decision on stay pending appeal
The Sixth Circuit will consider whether to stay marriages in Michigan this week. (Image courtesy Wikimedia Commons)
Marriage equality advocates are watching the U.S. Sixth Circuit Court of Appeals this week as it decides whether to stay same-sex weddings in Michigan or allow them to continue as the court considers marriage equality litigation.
Experts say the Sixth Circuit — and the Supreme Court if the stay request is appealed — have room to allow the Michigan same-sex weddings to continue because the Supreme Court’s stay on weddings following a similar ruling in Utah isn’t controlling and many district courts have now ruled in favor of marriage equality.
Shannon Minter, legal director for the National Center for Lesbian Rights, was among those saying he doesn’t believe a stay is warranted in the case, known as DeBoer v. Snyder.
“The Supreme Court did not explain the reasons for its stay in the Utah case, so it provides little guidance and certainly should not be construed as requiring stays in other cases,” Minter said. “Utah was the first federal court in the country to strike down a state marriage ban post-Windsor, but many others have since followed suit, so the legal landscape is already quite different than when the Supreme Court issued a stay in that case.”
U.S. District Judge Bernard Friedman, a Reagan appointee, issued the ruling striking down Michigan’s 2004 constitutional ban on same-sex marriages on Friday, but unlike similar rulings against laws in Texas, Virginia and Oklahoma, Friedman didn’t include a stay in his ruling.
Vickie Henry, a senior staff attorney at Gay & Lesbian Advocates & Defenders who helped plaintiffs for the Michigan trial, said the lack of a stay from the judge came as no surprise given the concern he stated in his ruling for children raised by same-sex couples.
“At this point, all the recent decisions have all come out the same way,” Henry said. “So at some point I think you recognize there’s a high human cost, a high people cost, in the denial of these rights. I can’t speculate what he was thinking, but that seems like a great reason to not enter a stay.”
But Attorney General Bill Schuette filed a stay request before the Sixth Circuit to halt the same-sex marriages in Michigan as he and Gov. Rick Snyder filed notice they would file an appeal to the court.
After allowing plaintiffs the opportunity to respond to the stay request by Tuesday, the Sixth Circuit issued a temporary stay on the same-sex weddings until at least Wednesday — but only after an estimated 315 gay couples received marriage licenses on Saturday.
A similar situation has happened before just recently. After U.S. District Judge Robert Shelby struck down Utah’s marriage ban in the case of Kitchen v. Herbert, Gov. Gary Herbert sought a stay request from the U.S. Tenth Circuit Court of Appeals. The appeals court denied the stay, but the Supreme Court later instituted it after U.S. Associate Justice Sonia Sotomayor referred the matter to the entire bench.
Henry said she thinks the same outcome won’t necessarily befall Michigan despite the stay from the Supreme Court in the Utah case.
“It’s not directly controlling,” Henry said. “In other words, the Sixth Circuit’s not bound by it, but it’s certainly suggestive to the court of what at least one member of the Supreme Court would want them to do.”
Equality Michigan is circulating a petition calling on Snyder and Schuette to drop their appeal of the ruling. As of Monday afternoon, the petition had more than 10,000 signatures.
“We must end the second-class treatment of LGBT families in Michigan,” the petition states. “Rather than siding with the people of Michigan, Schuette and Snyder are wasting taxpayer dollars defending a ban on marriage equality that harms Michigan families — and that the people of Michigan no longer even want.”
But now that the Michigan case has been appealed, all four states in the Sixth Circuit — Michigan, Ohio, Tennessee and Kentucky — have marriage equality cases before the appeals court.
The Sixth Circuit has ruled on an LGBT-relevant case before, but the outcome and the precedent it set wasn’t favorable to LGBT people.
In the case of Equality Federation v. Cincinnati, the court in 1996 upheld an anti-gay ordinance in Cincinnati forbidding the city from enforcing civil rights ordinances based on sexual orientation. The judges issued this decision despite the Supreme Court ruling in 1992 in Romer v. Evans, which found that a similar measure, Colorado’s Amendment 2, was unconstitutional.
But the Cincinnati ordinance has since been repealed in 2004, and that ruling was delivered years ago before the Supreme Court issued precedent protecting gay people in Lawrence and Windsor.
If the Sixth Circuit denies a stay, state officials could appeal the stay request to the Supreme Court justice responsible for stays in the Sixth Circuit: U.S. Associate Justice Elena Kagan. In that event, Kagan could refer the request to the entire court. If she declines a stay on her own, the state could ask any justice on the court for a stay, including anti-gay U.S. Associate Justice Antonin Scalia.
Jon Davidson, legal director for Lambda Legal, expressed uncertainty about whether the Supreme Court would take similar action as it did with the Utah same-sex marriages.
“The Supreme Court did not explain why they issued the stay in Kitchen previously, however, so there is no way of knowing for sure what motivated them to do that or whether a majority of them would do the same thing in the face of the tidal wave of decisions in favor of marriage equality that we are seeing in the lower courts,” Davidson said.
Not all legal experts foresee a possibility in which neither the Sixth Circuit nor the Supreme Court would refuse to grant a stay on same-sex weddings.
Nan Hunter, a lesbian law professor at Georgetown University, predicted the Supreme Court would continue to issue stays on same-sex marriages throughout the country until it delivers it final determination on same-sex marriage.
“My view is that the Supreme Court will continue to grant stays until they resolve a case on the merits,” Hunter said. “Earliest that is likely to happen is June 2015.”
In the event a stay is granted by either the Sixth Circuit or the Supreme Court, another question would emerge similar to the situation in Utah: Would the federal government and state of Michigan recognize the same-sex marriages already conducted in the state?
In Utah, the decision was split. Herbert announced that his state wouldn’t recognize the estimated 1,300 same-sex marriages conducted in Utah pending the final outcome of the litigation. But U.S. Attorney General Eric Holder announced the Obama administration would consider those marriages valid for the purposes of federal benefits. Several state attorneys general, including Maryland’s Doug Gansler, announced their states would also recognize the marriages.
According to the Associated Press, Michigan Gov. Rick Snyder is holding off on the determination on whether his state will recognize the unions. His spokesperson is quoted as saying the governor will wait for a stay decision to be reached before deciding whether Michigan will recognize the marriages.
Ingham County Clerk Barb Byrum and East Lansing Mayor Nathan Triplett, who performed same-sex marriages in Michigan over the weekend, sent a letter Monday to Holder insisting the federal government should recognize those unions.
“Many of the couples that were married on March 22 waited decades for that opportunity,” Byrum and Triplett write. “Their marriages complied with Judge Friedman’s order and all relevant provisions of Michigan law and should be recognized as such by state and federal authorities without delay.”
The Justice Department didn’t yet have a definitive answer in response to the Washington Blade’s request to comment on whether the federal government will recognize same-sex marriages performed in Michigan.
“We are closely monitoring the situation,” said Allison Price, a Justice Department spokesperson.
District of Columbia
D.C. Council approves expanded grant funding for Mayor’s Office of LGBTQ Affairs
Measure introduced by Zachary Parker faces second vote
The D.C. Council on June 9 gave its first round of approval to an amendment to the city’s fiscal year 2027 budget that calls for increasing the number and size of funding grants that the Mayor’s Office of LGBTQ Affairs provides for local organizations providing services for the LGBTQ community.
The amendment, titled the “LGBTQ Community Grant Amendment Act of 2026,” was introduced by D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member.
The amendment calls for the LGBTQ Affairs office to issue a $980,000 grant in fiscal year 2027 to a private, nonprofit organization in partnership with the office “for the purpose of supporting programs that promote the welfare of the lesbian, gay, bisexual, transgender, and questioning community.”
The organization would also initiate its own fundraising effort to expand the amount of funds beyond the amount the office would provide, enabling it to provide larger grants to a greater number of local LGBTQ organizations.
Among other things, the amendment says the organization chosen for this new role should have a “proven track record of success in grant making and fundraising” and agree to undergo an annual audit and submit quarterly reports to the office on its use of the funds it receives.
Under its rules for approving legislation, the Council must hold the second vote on the budget bill with the Parker amendment before it is sent to Mayor Muriel Bowser for her signature. It must then go to Congress for a congressional review that does not require approval, but could result in a vote to disapprove the measure, an action Congress usually does not take.
In a June 12 statement, the D.C. LGBTQ Budget Coalition called the D.C. Council’s initial approval of the Parker amendment, “a historic measure that establishes the District’s most sustainable model for a vehicle for investing in LGBTQ communities.”
The statement adds, “The legislation arrives at a critical moment, as LGBTQ-serving organizations face unprecedented uncertainty. Growing demand for services is colliding with shrinking resources, federal attacks on LGBTQ programs, and ongoing threats to local funding streams.”
It says the new program that the Parker amendment would create, if it reaches final approval, “creates a durable mechanism to protect and expand investments in the organizations that thousands of District residents rely upon every day.”
A spokesperson for the mayor’s office said he was looking into the mayor’s position on the Parker amendment but didn’t immediately get back with a response.
Germany
German group slams White House’s LGBTQ rights record ahead of World Cup
LSVD says trans, nonbinary soccer fans safety ‘not guaranteed’ in US
A German advocacy group on the eve of the 2026 World Cup sharply criticized the Trump-Vance administration over its anti-LGBTQ policies.
The World Cup will take place in the U.S., Canada, and Mexico through July 19. The tournament began on Thursday in Mexico City with Mexico beating South Africa 2-0.
“In the USA, democracy is being gradually dismantled,” said Julia Monro of Federation Queer Diversity, a German LGBTQ and intersex rights group known by the acronym LSVD, in a statement released on Wednesday. “In particular, the human rights of trans, intersex, and nonbinary individuals, as well as other queer people, are facing massive attacks and political instrumentalization by the Trump administration.”
The LSVD statement notes sports “has a special responsibility in this situation because it conveys values worldwide that extend beyond the playing field: fairness, respect, and inclusion.”
“This must apply to everyone, including trans* and nonbinary people,” says LSVD. “Those who love sport must also protect those who can only experience it under difficult circumstances.”
“The public visibility of queer people is being pushed back, companies and organizations with diversity strategies are being pressured, and laws for trans*, intersex, and nonbinary people are being tightened,” added the group. “This is not a fringe issue, but directly affects everyday life, mobility, and safety. The way minority rights are treated is a measure of the state of a democratic society. Inhumane measures must not be normalized. The international community must not remain silent as attention on the host country, the USA, increases. The Trump administration could exploit this media platform for further inhumane purposes, in order to transfer its homophobic agenda to other countries.”
LSVD also stressed the “safety of trans* and nonbinary soccer fans is currently not guaranteed in the USA.”
“We advise all queer fans to inform themselves carefully beforehand and to take precautions for their safety,” it said.
The Council for Global Equality is one of the more than 100 organizations that issued a travel advisory for the U.S. ahead of the World Cup.
LSVD in its statement pointed out the German government in 2025 issued a travel advisory for trans and nonbinary people who are planning to visit the U.S. The warning specifically noted President Donald Trump’s executive order that banned the State Department from issuing passports with “X” gender markers.
InterPride, the organization that coordinates WorldPride events, issued a travel advisory for trans and nonbinary people who planned to travel to the U.S. for WorldPride that took place last summer in D.C.
“Due to an executive order issued by the U.S. president on Jan. 20, all travelers must select either ‘male’ or ‘female’ when applying for entry or visas. The gender listed at birth will be considered valid,” read the InterPride advisory. “If your passport has ‘X’ as a gender marker or differs from your birth-assigned gender, we strongly recommend contacting the U.S. diplomatic mission before traveling to confirm entry requirements.”
LSVD notes the German government reiterated its 2025 travel advisory ahead of the World Cup.
“Anyone traveling with a different gender entry, with an ‘X’ marker in their passport, or who does not conform to the state’s expectations during checks, must expect problems in the USA,” said LSVD.
Virginia
Gay 1920s-era Hollywood star to be honored in Staunton, Va.
Billy Haines became acclaimed designer after anti-gay policies ended his acting career
A project is underway in Staunton, Va., to honor William ‘Billy’ Haines, who was born and raised in Staunton before becoming an out gay 1920s and early 1930s-era Hollywood movie star whose acting career ended around 1934 when he refused demands that he conceal his sexual orientation and end his relationship with his male partner.
Haines left the movie business around that time to start what became a highly successful interior design and furniture business in Los Angeles that he led until his death in 1972 at age 72, and which remains in business today, according to the Arcadia Project, a Staunton-based nonprofit initiative.
In a statement released last month, Arcadia Project announced it is working to revitalize a long-vacant movie theater in downtown Staunton that it plans to rename after Haines. It says a fundraising campaign is under way to support efforts to reopen the theater and the larger building in which it is housed as a “dynamic mixed-use cultural center.”
The statement notes that Haines left Staunton at age 14 and resided in Hopewell, Va., and Greenwich Village in New York City until 1922, when he was “discovered” by a talent scout and sent to Hollywood.
“Between 1922 and 1934, Haines appeared in 54 movies during his meteoric and highly successful career,” the Arcadia Project statement continues, noting he transitioned from silent movies to talkies and was fully open about being gay. “But when Hollywood’s moral crackdown of the 1930s demanded that he end his relationship with his longtime partner Jimmie Shields, Haines refused,” it says.
“For LGBTQ people – then and now – Haines’s choice resonates deeply. Rather than deny who he was, he reinvented himself as an interior designer to the stars,” according to the statement.
It says he helped invent the so-called Hollywood Regency style home and designed homes for Hollywood legends such as Joan Crawford, Gloria Swanson, Carole Lombard, George Cukor, and Jack Warner as well as for political figures like Ronald Reagan when he was governor of California.
“As there is no monument, marker or public recognition for Haines in his hometown of Staunton, Va., Arcadia Project, in collaboration with the LGBTQ+ community in Staunton seeks to commemorate him inside a new cultural center,” the statement says.
It quotes Arcadia Project Executive Director Pamela Mason Wagner as saying, “Naming the movie theater in Haines’ honor is more than an act of historical recognition – it is a powerful statement about visibility, belonging, and whose stories are valued in our community.”
The statement says project leaders hope to open the cultural center in early 2027, with a fundraising campaign seeking to raise $250,000 to renovate the theater.
“If the full goal is not reached, a smaller space within the building will be named for Haines, scaled to the amount of funds raised,” it says. “We truly hope friends and admirers of Billy Haines everywhere will want to participate.”
Donations for the project can be made through this site: www.thearcadiaproject.org
PHOTOS: The Audacity Brunch
D.C. Council approves expanded grant funding for Mayor’s Office of LGBTQ Affairs
Congressional Cemetery hosts Gays & Graves
Baltimore Pride is here
Calendar: June 12-18
Hundreds of thousands expected to attend D.C. Pride events
PHOTOS: Pride Run
Queen Jean is Tony’s first transgender winner
David Archuleta, Monroe Alise named D.C. Pride parade marshals
