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Supreme Court urged to deny stay on Utah same-sex marriages

Attorneys argue stay would impose ‘intolerable and dehumanizing burden’ on gay couples

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Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade
Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade

Attorneys for gay couples are urging the Supreme Court to reject a stay on Utah same-sex marriages (Washington Blade photo by Michael Key).

Gay couples should be able to continue to wed to Utah because the imposition of stay on their marriages would cause them “undisputed, irreparable harm,” attorneys for three same-sex couples wrote Friday in a filing to the U.S. Supreme Court.

The 40-page brief, which was filed in response to the stay request from Utah state officials to the Supreme Court, lays out the case for why halting same-sex marriages as litigation proceeds through the courts would cause harm.

“Forcing same-sex couples and their families to wait and hope for the best during the pendency of this appeal imposes an intolerable and dehumanizing burden that no family should have to endure,” the filing states.

The brief is signed by James Magleby, one of the attorneys at Magleby & Greenwood PC representing the three same-sex couples who are either seeking to marry in Utah or have the state recognize their marriage.

Gay couples have been able to wed in Utah since Dec. 20, when U.S. District Judge Robert Shelby ruled the state’s 2004 ban on same-sex marriage, known as Amendment 3, was unconstitutional. State officials didn’t make a stay request until after the ruling was handed down, and afterward both the district court and the U.S. Tenth Circuit Court of Appeals rejected requests for a stay.

After their stay requests were denied by lower courts attorneys for Utah Gov. Gary Herbert and Attorney General Sean Reyes issued a stay request this week before the U.S. Supreme Court.

Although the high court is expected to take up on the issue of marriage equality at some point in the future, Magleby writes that the Supreme Court may not necessarily take up this case once the Tenth Circuit issues its ruling.

“The constitutional issues presented in this case plainly are of great importance; however, currently there are more than twenty-five state and federal lawsuits, in at least 15 states, challenging state laws barring marriage by same-sex couples on federal constitutional grounds,” Magleby writes. “Therefore, while it is certainly possible the court ‘could’ grant certiorari in this case, Applicants cannot show that it ‘very likely would’ do so.”

The stay request is pending before U.S. Associate Justice Sonia Sotomayor, who has jurisdiction for stay requests over the Tenth Circuit. She has the option of referring the request to all of her colleagues on the bench, who would provide the final word on whether a stay would be granted on same-sex marriages.

There’s no set time for when the court needs to render a decision, although an order is expected soon.

If Sotomayor goes it alone and decides against the stay, Utah officials may select any justice on the Supreme Court ā€” such as a justice with an anti-gay reputation like U.S. Associate Justice Antonin Scalia ā€” and make a final attempt to request a stay.

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District of Columbia

Fire by arson forced temporary shutdown of Glorious Health Club

Spa and art gallery catering to gay
men expects to reopen in August

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(Photo from Glorious Health Club's Facebook page)

In a little noticed development, D.C.ā€™s Glorious Health Club, which bills itself as a spa, art gallery, and community center catering to gay men, was forced to close on May 19 after one or more unidentified suspects ignited a fire inside the club that D.C. fire department officials have ruled an act of arson. 

Robert Siegel, the clubā€™s owner, told the Washington Blade that he and investigators with the D.C. Fire and Emergency Medical Services Department believe one or more yet unidentified suspects broke into the kitchen of the former warehouse building where the club is located at 2120 West Virginia Ave., N.E.  

According to Siegel, investigators with the fire departmentā€™s arson squad believe a flammable liquid was used to start the fire in the kitchen and in two other locations within the building.

ā€œThree separate fires were started,ā€ Siegel said. ā€œThey started one on a staircase and one on the upstairs storage area,ā€ he said in addition to the one in the kitchen. He said about 40 patrons were in the club at the time the fire started, and all were able to leave without injury. 

Siegel said the fire caused $500,000 worth of damage to his building, with some of the damage caused ā€” understandably he said ā€” by fire fighters who had to rip open doors and break through the roof to gain access to the flames that engulfed parts of the interior of the building. He said he arranged for repair work to begin after the fire was extinguished.

ā€œI expect weā€™ll be reopening in about a month from now,ā€ he said. ā€œAnd weā€™ll be a bigger and better place.ā€

Fortunately, Siegel said, most of the artwork and art exhibits located in the club were not damaged.

ā€œIt was basically the kitchen, patio, and the roof,ā€ he said, adding that much of the solar panels he had on the roof were destroyed by the fire or by firefighters seeking to gain access to the building. 

ā€œAnd the fire was so hot it did structural damage to the roof,ā€ he said. ā€œIt actually melted steel. Weā€™re talking about 50-foot steel beams that have to be replaced,ā€ he told the Blade. ā€œThatā€™s $100,000 right there.ā€Ā 

Vito Maggiolo, a spokesperson for the D.C. Fire and Emergency Medical Services Department, said the fire was ā€œruled incendiary/arsonā€ and isĀ ā€œunder active investigation.ā€Ā 

It could not immediately be determined if one or more people responsible for the fire targeted the Glorious Health Club because itā€™s a gay community establishment. 

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South America

Chilean capital Pride parade participants, activists attacked

Men wearing hoodies disrupted June 29 event in Santiago

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A group of hooded men attacked participants in the Chilean capital's annual Pride parade on June 29, 2024. (Photo courtesy of the Movement for Homosexual Integration and Liberation)

A group of hooded men on June 29 attacked LGBTQ activists and others who participated in the Chilean capital’s annual Pride parade.

Witnesses said the men punched and kicked activists and parade participants, threatened them with a skateboard, threw stones and paint at floats and damaged parade infrastructure. The men also broke a truck’s headlight.

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group known by the acronym Movilh, strongly condemned the acts of violence, calling them deliberate attempts to disrupt a peaceful and safe demonstration.

ā€œVandalism that seeks to transgress the peaceful trajectory of our demonstrations and that is only useful to the interests of the homo/transphobic sectors,” denounced Movilh.

The attack occurred when the hooded men tried to break through the security fence protecting the participants and the truck that was at the beginning of the parade.

“As we do every year, we fence the truck with our volunteers to prevent anyone from being run over or hurt by the wheels,” said Movilh. “The hooded men approached the fence to break it, hitting our volunteers and people outside of our organization with their feet and fists who, in an act of solidarity, tried to dissuade them.”

The motives behind this attack seem to be related to previous calls on social networks to boycott the event, although the organizers stressed that violent acts are alien to the parade’s inclusive and celebratory purpose.

Movilh spokesperson Javiera ZĆŗƱiga told the Washington Blade that “after the attack that we faced during the Pride March, we published in our social networks the few images that were available from that moment.” 

“What we are basically asking is that anyone who has seen something and can recognize any of the aggressors write to our email or (contact us) through our social networks so that we can file complaints and do whatever is necessary to find those responsible.”

ZĆŗƱiga stated that “not only was there aggression against people, but there was also damage to private property because they broke one of the truck’s headlights.”

“So for these two reasons we are looking for anyone who may have information to contact us,” she said.

The incident has generated widespread condemnation within the LGBTQ community and outside of it. They say it highlights the need to protect human rights and diversity and promote respect for them.

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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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