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Prop 8 plaintiffs lead Calif. couples in tying the knot

Ninth Circuit lifts stay on marriage equality; Anti-gay groups cry foul but are dismissed

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Proposition 8, Defense of Marriage Act, same-sex marriage, gay marriage, gay news, Washington Blade, Chad Griffin, Human Rights Campaign, American Foundation for Equal Rights, Paul Katami, Kris Perry, Jeff Zarillo, Sandy Stier, Supreme Court, Hollingsworth v. Perry, Winsor v. U.S.
Attorney General Kamala Harris marries Prop 8 plaintiffs Kris Perry and Sandy Stier (Blade screenshot by Chris Johnson)

Attorney General Kamala Harris marries Prop 8 plaintiffs Kris Perry and Sandy Stier (Blade screenshot by Chris Johnson)

The jubilation following two Supreme Court decisions in favor of marriage equality continued on Friday as plaintiffs in the lawsuit against California’s Proposition 8 became the first in the Golden State to marry after the demise of the ban on same-sex marriage.

The lesbian couple in lawsuit ā€” Kris Perry and Sandra Stier ā€” was first to marry in California and did so at 4:45 pm in a San Francisco City Hall ceremony officiated by California Attorney General Kamala Harris.

Shortly thereafter at 6:15 pm, the gay male couple ā€”Ā Paul Katami andĀ JeffĀ Zarrillo ā€” married in Los Angeles in a ceremony over which Los Angeles Mayor AntonioĀ Villaraigosa officiated during his last day in office.

During the ceremony for Perry and Stier, Harris noted the long road on which the couple had journeyed since they filed their lawsuit in 2009 to restore marriage equality to California. Their son,Ā ElliottĀ Perry, served as a witness.

“Four years ago, Kris and Sandy embarked upon a journey that most couples do not experience,” Harris said. “By joining the case against Proposition 8, they represented thousands of couples like themselves in the fight for marriage equality.”

San Francisco City Hall stayed open until 8 pm to issue marriage licenses and will reopen from 9 am to 5pm Saturday and Sunday while the city celebrates June as Pride month.

Same-sex weddings resumed in California in the same city hall where nearly a decade ago then-San Francisco Mayor Gavin Newsom jump started the marriage equality movement by handing out marriage licenses to same-sex couples before the court ordered him to stop.

The weddings were able to commence in California thanks to the U.S. Ninth Circuit of Appeals lifting its stay on the injunction that U.S. District Judge Vaughn Walker put in place in 2010 prohibiting the enforcement of Prop 8. The lifting of stay was the consequence of the U.S. Supreme Court determination that anti-gay groups lack standing to defend Prop 8 in court.

In between the ceremonies for lesbian and the gay male couple, the plaintiffs held a conference call with reporters to talk about the jubilation they felt over finally being able to marry. They were joined by Chad Griffin, president of the Human Rights Campaign, and American Foundation for Equal Rights attorney Ted Boutrous.

Griffin said “we are all more American” on the day marriage equality resumed in California and emphasized gay nuptials in the Golden State are here to stay.

“Marriage has finally returned to the great state of California, and no one ā€” no judge, no election and no politician ā€” can take it away,” Griffin said.

Asked by the Washington Blade how it feels to finally be married after the completion of the lawsuit, Perry said she needs to wait until tomorrow for it to register.

“Right now, we feel victorious and thrilled and relieved, really, to be at the end of this long journey, and now finally able to move forward as a regular married couple just like everybody else,” Perry said.

Katami said he doesn’t much more to add as he prepared for his wedding ceremony, but noted the feeling of finally being able to marry was satisfying.

“I can tell you this: equal feels different,” Katami said. “We woke up on Thursday and this morning feeling like full citizens that will be recognized by our state, and recognized by our federal government. And we know that in just a few short minutes, Jeff and I will be able to call each other husband officially.”

In response to a question on whether plaintiffs received any advanced notice that the Ninth Circuit would lift its stay, advocates said on the call they had none but were nonetheless ready to spring into action when it happened.

But amid the excitement, anti-gay forces cried foul over what they said was a breach of protocol by the U.S. Ninth Circuit Court of Appeals in lifting the stay prematurely.

Legal observers had said they had a 25-day waiting period after the Supreme Court ruling in which proponents of Prop 8 could file for reconsideration. Even so, reconsideration is either rarely granted or never happens.

Andrew Pugno, an attorney with ProtectMarriage.com, posted a statement called the lifting of the stay an “outrageous act” and said the resumption of same-sex marriage has been obtained “by illegitimate means.”

ā€œHomosexual marriage is not happening because the people changed their mind,” Pugno said. “It isnā€™t happening because the appellate courts declared a new constitutional right. Itā€™s happening because enemies of the people have abused their power to manipulate the system and render the people voiceless.”

It’s unclear what recourse, if any, anti-gay forces have to fight the lifting of the stay after the Supreme Court determined they lack standing in court. Pugno said “it remains to be seen whether the fight can go on” as he said the development made for “a disgraceful day.”

LGBT advocates strongly pushed back on the notion that anti-gay forces had more options.

Asked by the Blade about this concern, Boutrous said Ninth Circuit “quite correctly” viewed itself as having the power to lift the stay and is “totally authorized by the court’s rules and by federal rules.”

“We’ve had cases where courts have lifted the stay in much more boring cases than this one,” Boutrous said. “And it makes sense here because you look at the possibility of success for the other side: it’s zero.”

Asked by another reporter if the Supreme Court or en banc panel of the Ninth Circuit could issue a stay if Prop 8 proponents asked for one during the 25-day waiting period,Ā Boutrous said “no” because the high court determined the Ninth Circuit has no jurisdiction in the case.

Boutrous also dismissed another question on whether Prop 8 proponents could take action in state court, noting the federal injunction against Prop 8 would trump anything from state judges.

Those on the call also had no comment on what would happen if certain counties refused to hand marriage licenses to gay couples, referring a question on the matter from Reuters to the attorney general’s office.

The reaction from StierĀ was more mirthful in response to a question on what plans she and Perry had for a honeymoon.

“We didn’t have a lot of time to plan one, as you might well imagine, because we were at work when we found out we could get married today,” StierĀ said. “But next on our order of things to plan are a celebration, which means a reception, and then we need a honeymoon.”

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ā€˜Ending HIV Epidemicā€™ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommitteeā€™s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Preventionā€™s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretaryā€™s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal governmentā€™s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 ā€œInstead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,ā€ said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

ā€œWhile we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,ā€ Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as ā€œpolicy ridersā€ that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would ā€œblock the Biden administrationā€™s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.ā€™  The statement says another policy rider would ā€œprevent policies or programs intended to promote diversity, equality, or inclusion.ā€

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommitteeā€™s bill and its proposed spending cuts. ā€œThe bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,ā€ he said.

ā€œImportantly, the bill pushes back on the Biden administrationā€™s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,ā€ Cole said in his statement. ā€œIt also preserves long standing bipartisan policy provisions protecting the right to life.ā€

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

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

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

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

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“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 administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” 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 OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” 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.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” 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 Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” 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.Ā “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, itā€™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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