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.
Italy
Olympics Pride House ‘really important for the community’
Italy lags behind other European countries in terms of LGBTQ rights
The four Italian advocacy groups behind the Milan Cortina Winter Olympics’ Pride House hope to use the games to highlight the lack of LGBTQ rights in their country.
Arcigay, CIG Arcigay Milano, Milano Pride, and Pride Sport Milano organized the Pride House that is located in Milan’s MEET Digital Culture Center. The Washington Blade on Feb. 5 interviewed Pride House Project Manager Joseph Naklé.
Naklé in 2020 founded Peacox Basket Milano, Italy’s only LGBTQ basketball team. He also carried the Olympic torch through Milan shortly before he spoke with the Blade. (“Heated Rivalry” stars Hudson Williams and Connor Storrie last month participated in the torch relay in Feltre, a town in Italy’s Veneto region.)
Naklé said the promotion of LGBTQ rights in Italy is “actually our main objective.”
ILGA-Europe in its Rainbow Map 2025 notes same-sex couples lack full marriage rights in Italy, and the country’s hate crimes law does not include sexual orientation or gender identity. Italy does ban discrimination based on sexual orientation in employment, but the country’s nondiscrimination laws do not include gender identity.
ILGA-Europe has made the following recommendations “in order to improve the legal and policy situation of LGBTI people in Italy.”
• Marriage equality for same-sex couples
• Depathologization of trans identities
• Automatic co-parent recognition available for all couples
“We are not really known to be the most openly LGBT-friendly country,” Naklé told the Blade. “That’s why it (Pride House) was really important for the community.”
“We want to use the Olympic games — because there is a big media attention — and we want to use this media attention to raise the voice,” he added.
Naklé noted Pride House will host “talks and roundtables every night” during the games that will focus on a variety of topics that include transgender and nonbinary people in sports and AI. Another will focus on what Naklé described to the Blade as “the importance of political movements now to fight for our rights, especially in places such as Italy or the U.S. where we are going backwards, and not forwards.”
Seven LGBTQ Olympians — Italian swimmer Alex Di Giorgio, Canadian ice dancers Paul Poirier and Kaitlyn Weaver, Canadian figure skater Eric Radford, Spanish figure skater Javier Raya, Scottish ice dancer Lewis Gibson, and Irish field hockey and cricket player Nikki Symmons — are scheduled to participate in Pride House’s Out and Proud event on Feb. 14.
Pride House Los Angeles – West Hollywood representatives are expected to speak at Pride House on Feb. 21.
The event will include a screening of Mariano Furlani’s documentary about Pride House and LGBTQ inclusion in sports. The MiX International LGBTQ+ Film and Queer Culture Festival will screen later this year in Milan. Pride House Los Angeles – West Hollywood is also planning to show the film during the 2028 Summer Olympics.
Naklé also noted Pride House has launched an initiative that allows LGBTQ sports teams to partner with teams whose members are either migrants from African and Islamic countries or people with disabilities.
“The objective is to show that sports is the bridge between these communities,” he said.
Bisexual US skier wins gold
Naklé spoke with the Blade a day before the games opened. The Milan Cortina Winter Olympics will close on Feb. 22.
More than 40 openly LGBTQ athletes are competing in the games.
Breezy Johnson, an American alpine skier who identifies as bisexual, on Sunday won a gold medal in the women’s downhill. Amber Glenn, who identifies as bisexual and pansexual, on the same day helped the U.S. win a gold medal in team figure skating.
Glenn said she received threats on social media after she told reporters during a pre-Olympics press conference that LGBTQ Americans are having a “hard time” with the Trump-Vance administration in the White House. The Associated Press notes Glenn wore a Pride pin on her jacket during Sunday’s medal ceremony.
“I was disappointed because I’ve never had so many people wish me harm before, just for being me and speaking about being decent — human rights and decency,” said Glenn, according to the AP. “So that was really disappointing, and I do think it kind of lowered that excitement for this.”
Puerto Rico
Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga
Puerto Rican activist celebrates half time show
Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.
Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.
“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”
La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.
“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”
Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.
Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.
He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.
Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.
Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street.
Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors.
Olympics Pride House ‘really important for the community’
Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga
Gay man details secret struggle with bulimia
I keep getting rejected on the apps
PHOTOS: Drag in rural Virginia
Marc Shaiman reflects on musical success stories
Netflix’s ‘The Boyfriend’ is more than a dating show
50 years later, it’s still worth a return trip to ‘Grey Gardens’
Snow, ice, and politics: what is (and isn’t) happening
LGBTQ Venezuelans in Colombia uncertain about homeland’s future
-
a&e features4 days agoMarc Shaiman reflects on musical success stories
-
Television4 days ago
Netflix’s ‘The Boyfriend’ is more than a dating show
-
Movies4 days ago
50 years later, it’s still worth a return trip to ‘Grey Gardens’
-
Opinions4 days ago
Snow, ice, and politics: what is (and isn’t) happening
