News
Nevada AG invokes bigamy, incest to defend marriage ban
State interest is ‘to protect and perpetuate traditional marriage’
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.”
Delaware
57 towns in 57 hours: Rep. McBride kicks off re-election campaign
Touts record of championing bipartisan legislation
Rep. Sarah McBride (D-Del.) officially kicked off her re-election campaign this week with a grueling tour of her state that saw her visit 57 municipalities in just 57 hours.
The tour culminated Monday evening in Rehoboth Beach with a packed crowd at the Convention Center. At least 400 attendees stood patiently in a line that wrapped around the block and snaked down Rehoboth Avenue. Once inside, a DJ entertained the ebullient crowd that kept busy batting beach balls around the venue.
The crowd featured a large LGBTQ presence that cheered speakers including state Rep. Claire Snyder-Hall, state Sen. Russ Huxtable, and Delaware Democratic Party Chair Evelyn Brady, who introduced McBride.
McBride took the stage to Chumbawamba’s “Tubthumping” and the lyrics “I get knocked down, but I get up again.” In her remarks, she touched on a record of introducing more bipartisan legislation than any other freshman lawmaker and touted an award her office won for providing superior constituent service.
“People want leaders who are focused on lowering costs, solving problems, and delivering results,” she said. “That’s exactly what I’ve worked to do in Congress, and that’s why I’m running for re-election – to continue delivering for and defending Delaware.”
McBride is the first transgender member of Congress and is Delaware’s sole representative in the U.S. House. She will face the winner of the Republican primary in November. Rev. Earl Cooper — a former Democrat McBride defeated two years ago — is running for the GOP nomination. The state primary election is Sept. 15 and the general election is Nov. 3.
District of Columbia
D.C. nude dance club Archibald’s to feature male strippers beginning Pride weekend
Popular downtown venue to debut new lower floor gay ‘underworld’
Archibald’s Gentlemen’s Club, which has offered adult entertainment in the nation’s capital involving nude female dancers since it first opened in 1969 at 1520 K St., N.W., will offer nude male dancers beginning Saturday night, June 20, according to co-owner Thom Naylor.
The female dancers will continue as usual on the upper two floors of Archibald’s three-story building, according to Naylor, who released a flier promoting the opening of the male dancer venue as an event “for Gay Pride.”
He told the Washington Blade he expects a dozen male dancers to perform beginning at 9 p.m. Saturday when D.C.’s LGBTQ Pride Parade will take place earlier in the day.
Following its opening night for the male dancers, Naylor said he plans to continue offering male nude dancers on Thursday, Friday, and Saturday evenings. The club is closed on Sundays and Mondays.
“I want to have an official Champagne grand opening probably in July,” he said referring to the male dance venue. “This is like a soft opening just to get going and to get everybody acclimated.”
The decision by Archibald’s to offer nude male dance entertainment for an LGBTQ clientele will mark the first time such entertainment will take place in D.C. since March 2020, when the LGBTQ nightclub Ziegfeld’s-Secrets, which featured nude male dancers, was forced to close at the start of the coronavirus pandemic.

The owner of the building at 1824 Half St., S.W., discontinued the Ziegfeld’s-Secrets lease a short time later to demolish the building and construct a high-rise residential condominium.
Naylor, who identifies as gay, said he has long believed nude male entertainment should be available in D.C. for a gay clientele as well as anyone else interested in that type of entertainment.
“So, we decided to go with three days in the summer and then come September go into a full swing when we’re open five days a week,” he said, referring to the male dancers.
District of Columbia
LGBTQ seniors honored at D.C. Silver Pride event
City officials, activists credit them with playing lead role in movement
About 250 people turned out on Friday, June 12, for D.C.’s annual Silver Pride celebration, which honors and recognizes LGBTQ seniors and their role in advancing LGBTQ rights.
The event was held in a large conference hall in the building of the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, which was among the event’s sponsors
According to local event organizer and longtime LGBTQ rights advocate Rayceen Pendarvis, who served as host of the event, the D.C. Department of Aging and Community Living and the D.C.-based Seabury Resources for Aging, a nonprofit group that provides services and support for seniors, were the two lead organizers of this year’s Silver Pride.
In addition to presentations by several speakers, a DJ played music for dancing and two popular local drag performers — Shi-Queeta Lee and Capri Bloomingdale — performed at the event drawing loud applause.
Among the speakers were Japer Bowles, director of the D.C. Mayor’s Office of LGBTQ Affairs; Jody Wright, a member of the board of the Capital Pride Alliance, which organizes D.C.’s annual Pride events; Craig McCullough, board chair of Seabury Resources for Aging; Jermaine Dillon, an official with the D.C. Department of Aging and Community Living; and Bianca Ward, an official with the ViiV Healthcare company, which was one of the sponsors of the event.
“It is a joy to be a senior in this community,” Pendarvis told the crowd in opening remarks at the event. “And every part of every Pride movement is built on the backs and the foundations of the elders,” she said.
“We have to have a day when we’re celebrated and we are honored and we are represented in our fullness,” Pendarvis told the Washington Blade. “Because sometimes unfortunately, various Prides forget about our elders. And we have to let them know that we’re here, we’re queer, and we ain’t going anywhere,” Pendarvis said.
“It is my distinct honor and privilege to be here among the elders,” Wright, the Capital Pride board member, told the gathering. “Because what we do at Capital Pride is because of what you’ve done and you continue to do, because we are standing on the shoulders of giants,” he said, in referring to LGBTQ seniors.
-
Movies5 days agoGender-bending buddy film gets 4K restoration for 25th anniversary
-
Out & About5 days agoBaltimore Pride is here
-
District of Columbia4 days agoD.C. Council approves expanded grant funding for Mayor’s Office of LGBTQ Affairs
-
Out & About5 days agoCongressional Cemetery hosts Gays & Graves


