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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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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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U.S. Supreme Court

Supreme Court to hear conversion therapy case in October

Harmful and discredited practice is banned in 23 states and D.C.

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday agreed to hear a case about whether state and local governments can enforce bans on anti-LGBTQ conversion therapy for children, a discredited and harmful practice that has been banned by 23 states and D.C.

The case, which will be argued in the new term that begins in October, began in Colorado Springs, Colorado where a licensed professional counselor filed a challenge to a ban in 2022, arguing the law interferes with her ability to treat patients with ā€œsame-sex attractions or gender identity confusionā€ who ā€œprioritize their faith above their feelings.ā€ 

The Supreme Court in 2023 declined to hear a challenge to conversion therapy bans out of Washington state, but conservative justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh voted in favor of taking up the case.

The Colorado therapist, Kaley Chiles, is represented by the Alliance Defending Freedom, which is described by the Southern Poverty Law Center as “a legal advocacy and training group that has supported the recriminalization of sexual acts between consenting LGBTQ adults in the U.S. and criminalization abroad; has defended state-sanctioned sterilization of trans people abroad; has contended that LGBTQ people are more likely to engage in pedophilia; and claims that a ā€œhomosexual agendaā€ will destroy Christianity and society.”

The U.S. District Court for the District of Colorado struck down Chiles’s lawsuit in 2022. Her case was appealed to the Supreme Court from the U.S. Court of Appeals for the 10th Circuit, which upheld the ban in 2023 on the grounds that it regulates professional conduct, not speech.

Human Rights Campaign President Kelley Robinson released the following statement on Monday:

ā€œThe Supreme Courtā€™s decision to take up this case isnā€™t just about so-called ‘conversion therapy’ ā€“ itā€™s about whether extremists can use our courts to push their dangerous agenda, in an effort to erase LGBTQ+ people and gut protections that keep our kids safe. Thereā€™s no debate: so-called ā€˜conversion therapyā€™ is a dangerous practice, not therapy, and it has no place in our communities. These bans exist to protect LGBTQ+ children from harmā€”period.

Attacks on LGBTQ+ rights are the entry point to attacks on all of our rights. The same people trying to legalize abuse under the guise of ā€˜therapyā€™ are the ones banning books, ripping away reproductive rights, and undermining our democracy. The Supreme Court must uphold the 10th Circuit decision finding that these laws are constitutional.ā€

HRC added, “So-called ‘conversion therapy,’ sometimes known as ‘reparative therapy,’ is a range of dangerous and discredited practices that falsely claim to change a personā€™s sexual orientation or gender identity or expression.”

The group continued, “Such practices have been rejected by every mainstream medical and mental health organization for decades, but due to continuing discrimination and societal bias against LGBTQ+ people, some practitioners continue to conduct conversion therapy. Minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.”

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Supreme Court will not hear challenge to Tenn. drag restrictions

Republican lawmakers limited access to “adult entertainment” in 2023

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday declined to hear a case challenging Tennessee’s law restricting drag performances, which was enacted by Republican state lawmakers in 2023.

The Tennessee Adult Entertainment Act forbids ā€œadult-oriented performancesā€ that take place in public or where they may be seen by minors. Legislators specified the legislation was meant to target drag shows.

A judge on the U.S. District Court for the Western District of Tennessee ruled that the law was ā€œunconstitutionally vague and substantially overbroad,” allowing drag performances to continue in parts of the state. The 6th U.S. Circuit Court of AppealsĀ reversed the decision in July, however, ruling that the theater company that filed the complaint lacked standing to sue.

President Donald Trump said that his decision to name himself chair of the Kennedy Center shortly into his second term came at least partially in response to the iconic performing arts center’s history of hosting drag shows, which he called ā€œanti-American propaganda.ā€

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Supreme Court to consider case against Montgomery County Public Schools

Plaintiffs challenging LGBTQ-specific curriculum policy

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Jan. 17 announced it will consider the case of a group of Montgomery County parents who are challenging a policy that does not allow them to “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents in a federal lawsuit they filed in May 2023 allege the Montgomery County Public Schools policy violates their religious beliefs.

A federal judge in Maryland on Aug. 24, 2023, ruled against the parents. The 4th U.S. Circuit Court of Appeals upheld the ruling.

“Under the 4th Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children,” reads the Supreme Court filing that CBS News obtained. “But there is no unringing that bell ā€” by then, innocence will be lost and beliefs undermined.”

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