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.”
United Kingdom
British Prime Minister Keir Starmer to resign
Announcement comes after Labour Party election loses, ambassador scandal
British Prime Minister Keir Starmer on Monday announced he will step down once his party chooses his successor.
Starmer succeeded Rishi Sunak of the Conservative Party in No. 10 Downing St. in 2024.
The Labour Party included a ban on so-called conversion therapy in England and Wales in its elections manifesto. King Charles III in last month’s King Speech that he delivered in the British House of Lords said a transgender-inclusive ban is among the British government’s legislative priorities.
Charles delivered his King’s Speech days after the Labour lost more than 1,000 council seats in local and regional elections. The May 7 vote took place against the backdrop of widespread criticism over Starmer’s decision to appoint Peter Mandelson as ambassador to the U.S., despite his ties to Jeffrey Epstein.
Former Greater Manchester Mayor Andy Burnham is seen as the frontrunner to become Labour’s new leader — and the UK’s next prime minister. Burnham was sworn in as an MP in the House of Commons hours after Starmer announced his resignation.
Starmer in his resignation announcement said he expects his successor will be in place before MPs return from their summer recess on Sept. 1.
District of Columbia
Capital Pride draws tens of thousands to D.C.
Revelers lined 14th Street for parade, festival took place on Pennsylvania Avenue.
Tens of thousands of people gathered across D.C. over the weekend as Capital Pride celebrated its annual Pride festivities with a parade, festival, concerts, parties, and community events centered on the theme “EXIST. RESIST. Have the Audacity!”
Although the events took place a week later than usual due to America 250 celebrations the week prior, crowds turned out in force to celebrate Pride month and the LGBTQ community.
The weekend began with the Crack of Noon Parade Brunch, where awardees were recognized and parade grand marshals David Archuleta and Monroe Alise mingled with attendees. Honorees included D.C. Del. Eleanor Holmes Norton, D.C. Mayor Muriel Bowser, Benjamin Coy, Charity Blackwell, Darryl Hamilton, Thea Kano, Kendall Martinez-Wright, Lee Levingston Perine, Dylan Drobish, Tyler Hack, Patrick Magee, Judy Schloss, Darrell Wood, Tyler Cargill, and Dai Nguyen.
Saturday’s Pride parade kicked off at 3 p.m., drawing large crowds along 14th Street, N.W.
Floats, cheerleaders, marching bands, and performers entertained attendees as they made their way through the city. The Canadian Embassy’s float featured cardboard cutouts of characters from “Heated Rivalry,” while others sprayed water into the crowd to provide relief from the summer heat.
Attendees of all ages lined the streets, with children reaching for bracelets, candy, and bubble wands tossed from parade participants. Pride flags waved throughout the crowd, and businesses along the route decorated storefronts in celebration. Others watched from balconies and rooftops overlooking the parade.
The parade also remembered SaVanna Wanzer, a lifelong D.C. resident who passed from natural causes on April 24. Wanzer was a longtime advocate for LGBTQ rights, specifically transgender rights, in the community, creating her own celebrations and organizations over the years. Multiple floats featured framed photos and flowers in her honor.
Following the parade, thousands gathered at the 17th Street Block Party, presented by Absolut Vodka. The event featured performances by DJs Bruno and Lauren, and Citrine the Queen as attendees danced and celebrated into the evening.
Earlier in the day, younger attendees participated in family-friendly activities at Stead Park, including glitter tattoos, hair tinsel, crafts, and other activities before heading to the parade.
Celebrations continued throughout the night with events including RIOT! The Official Parade Opening Party, featuring headliner Myki Meeks, as well as ELIX-Her and KINETIC: Toyland. Across the city, LGBTQ community members and allies gathered for parties and nightlife events that extended well into the evening.
The festivities continued Sunday with the Capital Pride Festival and Concert.
Hundreds of vendors lined the festival along Pennsylvania Avenue, N.W., offering everything from handmade crafts and leather goods to nonprofit fundraising opportunities and political initiatives. Attendees browsed booths, enjoyed food and drinks, and spent the afternoon exploring the festival.
The main concert featured performances by Maren Morris, queer rapper Leikeli47, Lisa Lisa, “Heated Rivalry” DJ Harrison, Tracy Young, and Meeks. Additional performances took place at the Monument Stage and Dupont Dance Stage.
The Monument Stage featured DJ Jerry’s Dance Party, DC’s Different Drummers, and Vagenesis, while the Dupont Dance Stage hosted a variety of DJs and provided space for attendees to dance throughout the day.
While much of the weekend focused on celebration and joy, organizers said this year’s theme, “EXIST. RESIST. Have the Audacity!,” reflected both the resilience of LGBTQ people and the challenges the community faces, and speakers emphasized Pride’s roots in activism and community.
“Grounded in the undeniable truth that our existence is not up for debate, this year’s theme calls on the community to live loudly and proudly, stand firm against injustice and erasure, and embody the collective strength that has always defined the LGBTQ+ community,” said Capital Pride Alliance in a statement.
According to the American Civil Liberties Union, there are 530 anti-LGBTQ+ bills across the U.S. that have been introduced this year. While 333 have been defeated, 93 are advancing in their legislature, and 33 have been passed into law or will soon be.
The U.S. Supreme Court is currently in the process of deliberating on the topic of trans athletes in college-level sports, and recently supported a case allowing for what is considered so-called conversion therapy under Colorado law. At a time when support for the LGBTQ community seems to be fading, the message from the Capital Pride Alliance is a reminder that Pride began as a protest.
Earlier Sunday at the main concert stage, Rayceen Pendarvis addressed attendees, speaking about the ongoing work required to create change and the importance of perseverance.
“I leave you with the words of Angela Davis: ‘I am no longer accepting the things I cannot change, I am changing the things I cannot accept,’” Pendarvis said.
Pendarvis has a legacy in D.C. for fighting for change, emceeing LGBTQ events, and using her strengths, as she refers to herself as a “queer elder,” to be able to use her experience and wisdom to push her community in the direction she wishes to see it go.
“Love is also the greatest gift we have. You are the light that outweighs the darkness,” Pendarvis said.
She then asked attendees to turn to someone they did not know, hug them, and tell them they loved them. The crowd responded by embracing one another in a moment that reflected the sense of community that defined the weekend.
Dupont Circle once again fenced off during Pride
The celebrations unfolded amid renewed attention on Dupont Circle.
The National Park Service closed Dupont Circle Park from June 19 through June 22 at 6 p.m., citing public safety concerns. According to NPS, the closure was intended “to provide for public health and safety and protect natural and cultural resources in Dupont Circle Park.”
The weekend was largely free of major incidents.
However, a shooting occurred Saturday night near the 900 block of Florida Avenue, N.W., near the U Street Corridor shortly after 10 p.m. Two men sustained non-life-threatening injuries. Authorities have not indicated any connection between the shooting and Pride events.
The weekend concluded with the “Capitol” Sunset Party, providing a final celebration for attendees as another year of Capital Pride festivities came to a close.
Colombia
Abelardo de la Espriella elected Colombia’s next president
Far-right lawyer has pledged to end ‘gender ideology’ in the country
Abelardo de la Espriella on Sunday narrowly defeated Iván Cepeda in the second round of Colombia’s presidential election.
De la Espriella, a far-right lawyer who has praised U.S. President Donald Trump and Salvadoran President Nayib Bukele, beat Sen. Iván Cepeda, a member of outgoing President Gustavo Petro’s Historic Pact party, by a 49.7-48.7 percent margin. De la Espriella will take office on Aug. 7.
Secretary of State Marco Rubio on Sunday spoke with De la Espriella, who has pledged to end so-called “gender ideology” in Colombia, and congratulated him on his victory.
“This result reflects the will of the Colombian people and their commitment to democracy,” said State Department spokesperson Tommy Piggott in a statement. “The Trump administration looks forward to working closely with his incoming administration to advance our bilateral and regional security cooperation, end illegal immigration to the United States, and strengthen the economic ties between our two countries. Through our close bilateral cooperation, and under the leadership of President-elect De la Espriella, Colombia’s best days are ahead.”
The election’s first round took place on June 1.
Former Bogotá Mayor Claudia López, a centrist who ran as an independent, finished fifth. She would have become Colombia’s first female and first lesbian president if she had won the election.
De la Espriella and Cepeda faced off in the runoff because neither received a majority of votes in the first round.
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