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Lesbian couple files marriage lawsuit in Puerto Rico

Ada Conde Vidal and Ivonne Álvarez Velez seek recognition of Mass. wedding

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Ivonne Álvarez Velez, Pedro Julio Serrano, Puerto Rico Para Tod@s, Ada Conde Vidal, gay news, Washington Blade

Ivonne Álvarez Velez, Pedro Julio Serrano, Puerto Rico Para Tod@s, Ada Conde Vidal, gay news, Washington Blade

Ivonne Álvarez Velez, left, with Pedro Julio Serrano of Puerto Rico Para Tod@s and Ada Conde Vidal. (Photo courtesy of Pedro Julio Serrano)

A lesbian couple on Tuesday filed a federal lawsuit that seeks recognition of their Massachusetts marriage in Puerto Rico.

“We wish to enjoy the same social privileges and contractual rights that are conferred by the commonwealth on individuals in opposite-sex marriages and not to be treated as we are being treated as second class citizens differentiated, alienated and discriminated in comparison to other U.S. citizens,” say Ada Conde Vidal and Ivonne Álvarez Velez in their lawsuit they filed in U.S. District Court of Puerto Rico in San Juan. “Puerto Rico law precluding recognition of lawful same-sex marriages denies us those rights in violation of the Equal Protection and Due Process Clauses of the 14th Amendment of the U.S. Constitution.”

Conde and Álvarez, who have been together for nearly 14 years, exchanged vows in Massachusetts in 2004 shortly after the state’s same-sex marriage law took effect.

Puerto Rican lawmakers in 1999 amended the U.S. commonwealth’s civil code to ban recognition of same-sex marriages – even those legally performed in other jurisdictions. Unions in which one person is transgender are also not recognized.

Conde, who is a lawyer, says in the lawsuit that Álvarez could not make medical decisions on behalf of her daughter who had open heart surgery because Puerto Rican officials do not recognize their relationship. The couple is also unable to file their income taxes in the U.S. commonwealth as a married couple.

“If she dies, I want my marriage legally recognized,” Conde told the Washington Blade on Wednesday. “If I am not recognized, I will not have any rights to request her estate.”

The lawsuit names Puerto Rico Health Secretary Ana Rius Armendariz and Wanda Llovet Díaz, director of the Puerto Rico Demographic Registry, as defendants.

“The commonwealth of Puerto Rico statutory provision has created a legal system in which civil marriage is restricted solely and exclusively to opposite-sex couples, and in which gay and lesbian individuals are denied the right to enter into a civil marriage,” say Conde and Álvarez. “The commonwealth of Puerto Rico statutory provision also deprives same-sex couples of federal marital privileges and benefits that, upon information and belief are available to same-sex couples who marry under state laws authorizing such benefits but that are not available to plaintiffs and other same-sex couples in Puerto Rico.”

18 states and D.C. have extended marriage rights to same-sex couples.

The 10th U.S. Circuit Court of Appeals in Denver next month is scheduled to hold oral arguments in two cases challenging the constitutionality of state constitutional amendments that ban same-sex marriage in Oklahoma and Utah. The 4th U.S. Circuit Court of Appeals in Richmond, Va., in May is slated to hear a case that challenges Virginia’s gay nuptials ban.

The 9th U.S. Circuit Court of Appeals in San Francisco in the coming months is expected to hear oral arguments in a challenge to Nevada’s same-sex marriage ban. A federal appeals court in New Orleans will likely hear a similar case that challenges Texas’ gay nuptials prohibition after U.S. District Judge Orlando L. Garcia last month ruled the state’s same-sex marriage ban is unconstitutional.

The 6th U.S. Circuit Court of Appeals on Tuesday placed a hold on same-sex marriages in Michigan pending an appeal of a lower court ruling that struck down the state’s gay nuptials ban.

A federal judge late last month ordered Kentucky to recognize marriages legally performed outside the state. Gays and lesbians in Florida, Alabama, Arizona, West Virginia and other states have also filed lawsuits seeking the right to marry since the U.S. Supreme Court last June struck down a portion of the Defense of Marriage Act.

The federal government recognizes legally married same-sex couples for tax and other purposes.

U.S. Attorney General Eric Holder last month announced the Justice Department will now recognize same-sex marriages in civil and criminal cases and extend full benefits to gay spouses of police officers and other public safety personnel – even in states that have yet to allow nuptials for gays and lesbians. He said a few weeks later that state attorneys general do not have to defend same-sex marriage bans.

Kentucky Attorney General Jack Conway, Nevada Attorney General Catherine Cortez Masto and Virginia Attorney General Mark Herring are among those who have declined to defend same-sex marriage bans in their respective states.

Pedro Julio Serrano of Puerto Rico Para Tod@s, a Puerto Rican LGBT advocacy group, noted to the Blade that Gov. Alejandro García Padilla last June applauded the U.S. Supreme Court’s DOMA ruling that applies to the American commonwealth. Serrano added he hopes Puerto Rico Justice Secretary César Miranda will not defend the island’s same-sex marriage ban in court.

“It is incumbent upon them to do the right thing if they truly believe in LGBT equality,” Serrano told the Blade, noting García has signed four pro-LGBT measures into law since taking office in January 2013. “It’s incumbent upon them not to defend this law because it’s unjust.”

Multiple attempts to reach the Puerto Rico Justice Department for comment on Conde and Álvarez’s lawsuit on Wednesday were unsuccessful.

“I’m a U.S. citizen,” Conde told the Blade. “I have the same rights in the Constitution no matter where I am – in a territory, a commonwealth or a state. I’m claiming my full citizenship and equality as any other citizen in the United States of America.”

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event — described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” — took place before the State Department’s annual Pride Month reception. Participants included:

• Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

• U.S. Ambassador to the U.N. Linda Thomas-Greenfield

• U.S. Trade Representative Katherine Tai

• U.S. Ambassador to India Eric Garcetti

• Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

• Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

• U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

• USAID Counselor Clinton D. White

• National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

• Assistant U.S. Secretary of Health Adm. Rachel Levine

• National Security Council Human Rights Director Jess Huber

• U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

• Icelandic Ambassador to the U.S. Bergdís Ellertsdóttir

• Council for Global Equality Co-Executive Director Mark Bromley

• Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

• Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

• Pau González, co-chair of Hombres Trans Panamá and PFLAG-Panamá

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administration’s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them — here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor Orbán’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons — vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“We’re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries — Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands — have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe America’s support is indispensable,” said Blinken. “When we engage — sometimes publicly, sometimes privately, sometimes both — when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken. “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, it’s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know — but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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