News
Nevada AG invokes bigamy, incest to defend marriage ban
State interest is ‘to protect and perpetuate traditional marriage’
Nevada Attorney General Catherine Cortez Masto. (Photo public domain)
Ask the attorney general of Nevada about the definition of marriage, and she’ll tell you it doesn’t include the union of a same-sex couple. But in the same breath, she’ll tell you it also doesn’t include incest or bigamy either.
In a 55-page brief filed on Tuesday, Nevada Attorney General Catherine Cortez Masto urges the U.S. Ninth Circuit Court of Appeals to uphold the state’s constitutional ban on same-sex marriage on the basis that it reflects the will of the people.
“The interest of the State in defining marriage in this manner is motivated by the state’s desire to protect and perpetuate traditional marriage,” Masto writes. “In establishing this criterion and others — e.g., age, consanguinity, unmarried status, etc. — the state exercises its prerogative as a State, and that exercise is entitled to respect.”
But in a section titled “Marriage Defined” explaining “what marriage is” and “what marriage is not,” Masto reminds the court that in addition to not being for same-sex couples under Nevada law, marriage is also not for those engaging in bigamy or incest.
The invocation of bigamy and incest in Nevada’s brief before the Ninth Circuit recalls the first legal brief the Obama administration filed in support of the Defense of Marriage Act when it was still defending the law in court. That brief invoked bigamy and pedophilia to assert the constitutionality of the ban on federal recognition of same-sex marriage, which riled LGBT advocates.
Evan Wolfson, president of Freedom to Marry, took Masto to task for making an implicit comparison between same-sex marriage and bigamy or incest while saying she makes no solid argument against allowing gay nuptials in Nevada.
“Marriage is not ‘defined’ by who is denied it, and nothing in the brief explains why loving and committed couples of the same sex should be denied the legal commitment and bundle of obligations and protections that are available to different-sex couples,” Wolfson said. “To invoke bigamy and incest, as the attorney general does — at least she stopped short of bestiality! — doesn’t supply an explanation; it makes clear that the state has nothing to offer to justify the discrimination against same-sex couples in Nevada.
But Wolfson said he concurs with another argument within the attorney general’s brief: domestic partnerships, which are permitted under Nevada law, aren’t equivalent to and don’t provide a substitute for marriage.
The brief was filed in the case of Sevcik v. Sandoval, a challenge filed by Lambda Legal against Nevada’s ban on same-sex marriage in 2012.
Jon Davidson, Lambda’s legal director, said “of course, we find any such comparison objectionable” between same-sex marriage and bigamy or incest. The organization is slated to file its formal response to the attorney general’s brief next month.
Masto is a Democrat and has served in the role of attorney general for Nevada since 2007. Other Democrats holding the office in other states — most recently Virginia Attorney General Mark Herring — have elected not to defend marriage bans in the state on the basis that they’re unconstitutional.
Notably, Masto argues at length that the Ninth Circuit shouldn’t apply heightened scrutiny, or a greater assumption a law is unconstitutional, to the ban on same-sex marriage. That argument is somewhat dated after the Ninth Circuit on Tuesday applied heightened scrutiny in ruling that a juror cannot be excluded from a trial based on sexual orientation — a decision that will have precedent in the marriage case.
“Under an objective application of due process and equal protection analyses, there is no basis for heightened review of the State’s purpose in defining marriage by its traditional meaning,” Masto writes. “There exists neither fundamental right, nor suspect or quasi- suspect class, justifying a different standard of review.”
But the invocation of bigamy and incest isn’t the only part of the brief that is raising concerns among LGBT advocates.
Responding to the various friend-of-the-court briefs filed in the case on behalf of same-sex marriage, Masto takes issue with the way some say marriage is about children and others say it isn’t.
“There is some irony in the inconsistency in certain arguments made by amici,” Masto writes. “A brief by the Family Equality Council, et al., posits that the policy issue is primarily about children, presenting ‘testimonials from the children raised in such families [those with same-sex parents].’ In a separate brief, Family Law Professors (who are ‘scholars of family law’) argue that marriage is not about children.”
Masto concludes these divergent views on the role of children in marriage serve to “reinforce the conclusion that the state’s legislature is the democratic crucible where the issues should be debated and decided.”
Emily Hecht-McGowan, the Family Equality Council’s director of public policy, slammed the attorney general for her interpretation of its brief in favor of marriage equality.
“The Attorney General is missing the primary point of our Voices of Children brief, which is not that marriage is primarily about children but rather that the denial of marriage equality fundamentally harms children being raised by same-sex couples by rendering them and their families second-class citizens,” Hecht-McGowan said. “We trust that the Justices reading our brief and hearing oral arguments will reach the same conclusion that Justice Kennedy reached in his majority opinion in U.S. v. Windsor — that laws denying marriage recognition to same-sex couples ‘humiliate children’ and are a violation of equal protection under the law.”
Maryland
Queer candidates, allies on the ballot in Md. primary
Evan Glass running to become Montgomery County Executive
Maryland voters will see LGBTQ candidates on ballots across the state when they head to the polls for the June 23 primary election.
Evan Glass, an at-large member of the Montgomery County Council, is the current frontrunner in the Montgomery County Executive race.
He made history in 2018 as the first openly gay Jewish man on the County Council. Glass is currently nearing the end of his second term as a councilmember.
During his time on the council, he passed the ICE Out Act and the Pay Equity Act. He has also been outspoken about his disapproval of AI data centers and is endorsed by the Sierra Club.
“Our community is under attack and we need local leaders who will continue fighting back against Donald Trump while embracing our beautiful diversity,” Glass said in a statement to the Washington Blade.
Josie Caballero, who is running for an at-large seat on the Montgomery County Council, would become the first transgender woman elected to office in Maryland if successful.
Alleria Stanley, who is running for the House of Delegates in District 4, could also make history. Stanley, a U.S. Army combat veteran who served in Afghanistan, would become the first trans person elected to the Maryland General Assembly if successful. She currently serves as vice president of the Transgender American Veterans Association.
Several congressional races are also drawing attention ahead of the primary.
In Maryland’s 6th Congressional District, former Congressman David Trone is challenging U.S. Rep. April McClain Delaney. Trone has previously supported LGBTQ rights legislation, including the Equality Act, during his time in Congress.
Meanwhile, voters in Maryland’s 5th Congressional District will help determine who succeeds retiring U.S. Rep. Steny Hoyer. State Del. Adrian Boafo (D-Prince George’s County), former Prince George’s County Executive Rushern Baker, former U.S. Capitol Police Officer Harry Dunn, and Quincy Bareebe are among the Democrats running for Hoyer’s seat.
During his congressional career, Hoyer supported LGBTQ rights legislation and opposed the Trump-Vance administration’s trans military ban.
His daughter, Stefany Hoyer Hemmer, in 2012 came out as a lesbian in an exclusive interview with the Blade. Maryland voters the same year approved the state’s marriage equality law in a referendum.
“I’m pleased that Stefany is adding her voice to those across Maryland and the country calling for marriage equality,” Steny Hoyer told the Blade, referring to his daughter’s decision to come out and to champion the marriage equality law. “This is about ensuring all families receive equal treatment under the law. As more people speak out, the more momentum this effort gains to give every family the dignity and respect they deserve.”
Gay, lesbian incumbents running for re-election
A number of openly gay and lesbian members of the Maryland General Assembly are seeking re-election this year.
State Del. Joe Vogel, who represents Montgomery County’s District 17, is seeking another term in office. Vogel made national headlines during his 2024 congressional campaign and has received support from LGBTQ advocacy organizations, including the Human Rights Campaign.
State Del. Gabriel Acevero, who represents District 39 in Montgomery County, is also seeking re-election. When he was first elected in 2018, Acevero became the first openly gay Afro-Latino elected to the General Assembly.
State Del. Anne Kaiser (D-Montgomery County), who represents District 14, is running for another term. Kaiser, who is a lesbian, was recently appointed vice chair of the House Appropriations Committee and has served in the legislature since 2003.
State Del. Kris Fair is seeking re-election in District 3 in Frederick County. Fair has been active in civil rights advocacy and has worked with organizations including Marylanders for Marriage Equality, the campaign in support of the state’s marriage equality law.
State Del. Ashanti Martinez (D-Prince George’s County), who represents District 22, is also running for re-election. Martinez has focused on issues including affordable housing, healthcare access, and support for small businesses during his time in office.
State Sen. Mary Washington (D-Baltimore County) is seeking another term for District 43. When she was first elected to the House of Delegates in 2010, Washington became Maryland’s first openly LGBTQ African American elected official.
State Del. Luke Clippinger (D-Baltimore City) is also running for re-election for Legislative District 46. Clippinger has served in the House of Delegates since 2010 and has supported legislation including marriage equality and efforts to ban the use of LGBTQ panic defenses.
Byron MacFarlane seeking re-election in Howard County
Several other LGBTQ candidates are running for local and state offices across Maryland.
Jamar Day is running for an at-large seat on the Baltimore City Board of School Commissioners. According to the LGBTQ+ Victory Fund, Day identifies as pansexual and would become the first openly gay member of the board if elected. He previously worked as a teacher and dean of students in Baltimore and Washington.
Jamie McGonnigal is running for the Prince George’s County Board of Education representing District 3. McGonnigal currently serves as president of the Hyattsville Elementary School PTA and founded the advocacy organization TalkAboutEquality.org.
Matt Menter is seeking election to represent District 41 in the House of Delegates. Menter has worked on issues related to homelessness and addiction recovery and has served on Baltimore City’s LGBTQ Commission.
Joe Toolan is running for Anne Arundel County Council’s District 6 seat. Toolan previously served as the first chair of the Maryland Commission on LGBTQIA+ Affairs and currently works with the environmental advocacy organization GreenLatinos.
Spencer Dixon is seeking a seat in the House of Delegates representing District 32 in Anne Arundel County. Dixon currently serves on the Maryland Prescription Drug Affordability Board and has worked on Democratic political campaigns in Maryland.
Byron Macfarlane is running for re-election as Howard County’s register of wills. When he was first elected in 2010, Macfarlane became the first openly gay person elected in Howard County.
The Dutch Senate on Tuesday approved a bill that would ban so-called conversion therapy in the Netherlands.
NL Times, an online Dutch newspaper, reported 57 of 75 senators backed the proposal. The Dutch House of Representatives, the lower house of the country’s parliament, approved the measure last September.
Conversion therapy practitioners could face up to two years in prison and a €25,000 ($28,980) fine under the bill once it becomes law after King Willem-Alexander gives his royal assent.
“We have been fighting for the ban with victims and colleague organizations for almost 15 years and are very happy with this result,” said COC Nederland, a Dutch LGBTQ and intersex rights group, in a statement after Tuesday’s vote. “We see it as a victory for the victims.”
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
The European Parliament in April voted in favor of prohibiting conversion therapy across the EU. The European Commission last month said all EU countries should ban it.
Rob Jetten, the country’s first openly gay prime minister, took office in February.
This year’s World Pride will take place in Amsterdam from July 25-Aug. 8.
District of Columbia
Lewis George holds strong lead over McDuffie in D.C. mayor’s race
Gay Council member Parker wins in Ward 5; bi candidate leads in Ward 1
D.C. Council member Janeese Lewis George (D-Ward 4) was leading former D.C. Council member Kenyan McDuffie (D-At-Large) in the D.C. primary race for mayor late Tuesday night by a margin of 52.79 percent of the vote compared to 36.57 percent for McDuffie with 64 percent of the votes counted, according to information released by the D.C. Board of Elections at 11:55 p.m.
A Board of Elections spokesperson informed the media by email that the board had stopped its vote counting shortly before midnight and would resume its counting Wednesday morning, June 17.
The late-night returns showed Lewis George and McDuffie were far ahead of the other five candidates competing in the Democratic primary for mayor, with candidate Rini Sampath, who self-identifies as queer, receiving 2.93 percent of the vote.
Of the remaining Democratic mayoral candidates, former Council member Vincent Orange received 3.73 percent; businessman Gary Goodweather received 3.0 percent; and civic activists Hope Solomon, 1.09 percent; and Ernest Johnson 0.53 percent.
Election board spokesperson Sarah Graham noted in her email to the media that the initial vote percentages released Tuesday night were counted under the city’s newly implemented ranked choice voting system, which was in place for mayor, D.C. Council, D.C. congressional delegate, and D.C. attorney general. She said the follow-up “round-by-round tabulation results” when voters’ second, third, fourth and possibly fifth choices are counted under the ranked choice system, they are estimated to be released between Sunday, June 21 and Wednesday, June 24.
“The final round-by-round tabulation results will be released on or after June 26, 2026,” she stated. The ranked-choice system does not go into effect if a candidate receives at least 50 percent of the vote.
Lewis George and McDuffie have strong records of support on LGBTQ issues, and Goodweather expressed strong support for LGBTQ issues during the campaign. The Capital Stonewall Democrats, the city’s largest LGBTQ political group, endorsed Lewis George for mayor.
Although the election board had yet to declare a winner in the mayor’s race, with 36 percent of the votes cast not yet counted, Lewis George delivered a rousing speech at her election-night event at the Howard Theatre that many of her supporters considered a victory speech. Among those attending the event and expressing the belief that Lewis George was the expected winner was Capital Stonewall Democrats President Stevie McCarty.
“There’s still a lot of votes to count, but I feel very confident and it looks really good,” he said in referring to Lewis George and the LGBTQ community members who supported her campaign.
Like the other races for D.C. Council, the D.C. congressional delegate seat, and D.C. attorney general, most if not all of the candidates had either expressed support for LGBTQ rights or had strong records of support, like McDuffie and Lewis George. LGBTQ activists have said that meant LGBTQ voters would be choosing a candidate based on issues other than LGBTQ rights issues.
In other races, D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member, was far ahead of two Democratic challengers, with 76.37 percent of the vote. Challengers Bernita Carmichael and Bridgete French received 15.28 percent and 7.57 percent respectively.
Political observers believe Parker is the strong favorite to win re-election in November against a Republican and a Statehood Green Party candidate.
In the Ward 1 D.C. Council race, where five LGBTQ supportive candidates were competing for the seat being vacated by Democratic incumbent Brianne Nadeau, who is not running for re-election, community activist Aparna Raj, who identifies as bisexual, was leading gay candidate and LGBTQ rights activist Miguel Trindade Deramo by a margin of 46.7 percent to 20.27 percent in a five-candidate race.
The other candidates were Rashida Brown, 17,18 percent; Jackie Reyes Yanes, 9.98 percent; and Terry Lynch, 5.75 percent.
In the race for the D.C. delegate seat to the U.S. House of Representatives, which is being vacated by retiring Del. Eleanor Holmes Norton (D), D.C. Council member Robert White (D-At-Large) was leading in a five-candidate race with 63.16 percent of the vote. His leading opponent, D.C. Council member Brooke Pinto (D-Ward 2) had 21.45 percent of the vote.
The vote count for the other candidates was 7.66 percent for Kinney Zalene; 4.55 percent of Trent Holbrook; and 2.8 percent for Greg Jaczko.
In other D.C. Council races Council Chair Phil Mendelson (D-At-Large) and Council member Matthew Frumin (D-Ward 3) were unopposed in the Democratic primary and are considered strong favorites to win re-election in November.
Nine Democrats competed for the At-Large D.C. Council seat being vacated by Council member Anita Bonds (D), who is not seeking re-election. Community activist and local pharmacist Oye Owolewa, who was endorsed by Capital Stonewall Democrats, was leading in the Democratic primary with 33.77 percent of the vote.
The vote count percentage for the other candidates were: Lisa Raymond, 15.22; Kevin Chavous, 13.84; Greg Jackson, 10.95; Candis Nelson, 7.67; Dwight Davis, 6.02; Dyana Forester, 3.72; and Leniqua Jenkins, 3.0.
In the Ward 6 D.C. Council race, Democratic incumbent Charles Allen, a longtime LGBTQ rights supporter who received the Capital Stonewall Democrats endorsement, was far ahead of his two Democratic challengers with 74.43 percent of the vote. Gloria Ann Nauden had 18.68 percent, and Michael Murph had 6.51 percent.
D.C. Attorney General Brian Schwalb, an outspoken supporter of LGBTQ rights who also received the Capital Stonewall Democrats endorsement, had 90.34 percent of the vote in the Democratic primary, with his sole opponent J.P. Szymkowicz receiving 9.15 percent.
In the special election to fill the At-Large Council seat that must go to a non-Democrat under the city’s Home Rule Charter, and which was vacated by McDuffie when he decided to run for mayor as a Democrat, former Council member Elissa Silverman was leading with 54.75 percent of the vote. Incumbent Council member Doni Crawford, who was temporarily appointed to the seat, was in second place with 34.81 percent of the vote. A third candidate, Jaque Patterson, had 19.27 percent. All three candidates ran as independents.
In the separate D.C. Republican and D.C. Statehood Green Party primaries held on June 16, all the offices for which a candidate from those two parties were on the ballot ran unopposed. No Republican candidate ran for D.C. mayor in the primary. With a large majority of D.C. voters being registered as Democrats, no Republican or Statehood Green Party candidate has won election to public office in D.C. for at least the past 10 years or longer. No known LGBTQ Republican or Statehood Green Party candidate was on the ballot in the June 16 primary.
Queer candidates, allies on the ballot in Md. primary
Netherlands to ban conversion therapy
Lewis George holds strong lead over McDuffie in D.C. mayor’s race
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