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.”
District of Columbia
Washington Blade names new publisher
Longtime ad exec Brian Pitts to assume role from Lynne Brown
The Washington Blade announced this week that its longtime publisher, Lynne Brown, who has worked at the publication for nearly 40 years, is retiring from her day-to-day duties.
Blade co-owner and longtime advertising executive Brian Pitts will assume the role of publisher effective June 26.
Pitts, 46, is a native of Fredericksburg, Va. In 2004, he moved to Washington, D.C., from Rehoboth Beach, Del., to work at the Blade as a 24-year-old sales executive. Pitts, along with Brown and Blade Editor Kevin Naff have owned the Blade since 2009. Pitts has served as the Blade’s lead sales executive since then.
“We’ve been through a lot over the last 17 years, including a recession and a pandemic,” said Pitts. “Lynne has been a steady hand throughout and I’m excited to take the reins and help steer the Blade into its next chapter.”
Brown will assume the title of publisher emerita and remain a part owner of the Washington Blade and Los Angeles Blade and contribute to the business via special projects.
As for what’s next, she said, “I will take the summer to regroup. I have one more LGBTQ community project in mind, and a few personal goals to check off the list. I am a Washingtonian. I will continue to live, work, and love here in D.C. Of course every Friday morning, I will grab a cup of coffee and read the Blade.”
Asked what advice she has for Pitts as he takes over the publisher’s job, Brown replied, “Brian is going to be great. He has all the skills needed to run this business. He also has a deep, silent passion for the Blade. My only advice: Slow and steady wins the race.”
Pitts said his primary goal as publisher is to ensure the Blade continues its mission as America’s LGBTQ news source.
“Another goal is to reach a younger audience and to include an educational component,” he added. “Some younger community members may be newer to the Blade and less familiar with LGBTQ history. Recently, we published a special commemorative magazine to coincide with America 250, chronicling LGBTQ history and contributions to U.S. culture. It’s so important not to let our history get erased and to remember where we came from and to work toward where we want to go.”
He described the biggest challenge to queer media as the Trump administration’s attacks on DEI.
“We have companies that have advertised with us for years who are now afraid of the potential consequences,” he said.
Brown joined the Blade in 1987. She was named publisher in 2007 by previous owner Window Media. In 2009, Window Media filed for bankruptcy; shortly after, Brown, Naff, and Pitts acquired the Blade’s assets from the bankruptcy court and relaunched the brand with Brown as publisher.
She said the period after the bankruptcy became her biggest challenge as publisher.
“The crisis that birthed Brown Naff Pitts Omnimedia kept me overly focused on millions of details,” she recalls. “My greatest personal challenge was delegating and letting go of details. Trusting staff with their strengths and skills to do their jobs was slow to come. It has proved to be most rewarding. Building the right team — knowing the people you work with are committed, professional, and honest — is a great thing.”
Pitts described the bankruptcy and rebirth of the Blade in 2009 as his proudest moment with the company.
“Working at the paper has been great, but becoming a co-owner was a dream come true,” he said.
Naff praised both of his colleagues.
“Lynne has been a rock, helping us navigate financial crises and a pandemic. The Blade wouldn’t have survived without her dedication,” he said. “She is the publisher every editor would want. Brian has terrific instincts, a passion for the Blade’s important mission, and an eye on growth. I am proud to call both of them friends and mentors and look forward to the next chapter.”
Asked why LGBTQ media are still relevant, Brown cited the recent erosion of queer rights as evidence that the Blade’s work remains important.
“The Blade helps fight invisibility and isolation,” she said. “We may have rights today, but we have seen rights eroded or erased. The Blade reports on those rights authentically and accurately and serves as a communication tool and a historian for the community.”
Pitts added, “While mainstream media may cover LGBTQ+ issues, no one covers them quite like us. These are our community’s stories and voices and this is your news source.”
The Blade will host a happy hour event later this summer where the community can meet Pitts and thank Brown for her decades of service.
Delaware
Vote to enshrine same-sex marriage in state constitution fails in Delaware
‘General Assembly turned its back on the people of this state’
The Delaware General Assembly on Tuesday failed to pass Senate Bill 100 (SB-100), an amendment that would add protections for same-sex and interracial marriage to the Delaware Constitution.
In order for the bill to pass, 28 out of 41 members needed to vote ‘yes,’ meaning all 27 Democrats and one Republican needed to vote in favor of the bill.
Rep. Eric Morrison (D-27) told the Blade that an anonymous Republican member agreed to vote in favor prior to the vote but ultimately did not follow through on that promise.
“It’s a shame,” said Rep. Morrison, who’s gay. He explained the difficult nature of passing this amendment with only three legislative days remaining in this session.
The bill needs to receive a two-thirds majority vote in two different sessions and the current two-year long session ends on July 1. Thus, if the bill does not pass before July 1, it will take a minimum of three years to pass the amendment.
The bill was introduced by State Sen. Russ Huxtable (D-07) on June 5, 2025.
Rep. Josue Ortega (D-03) was one of two Democrats to not vote in favor of the bill, voting ‘no.’ Rep. Ortega has not responded to the Blade’s request for comment.
Rep. Madinah Wilson-Anton (D-27) was the other Democrat missing from the ‘yes’ votes. She did not vote on the bill.
Sponsor of the measure, Rep. Claire Snyder-Hall (D-14), made a technical decision to reverse her vote from a ‘yes’ to a ‘no’ last-minute in order to keep the bill alive.
In a Facebook post, Rep. Snyder-Hall said that, “The General Assembly turned its back on the people of this state.”
“When we had the chance to add an extra layer of protection from attempts to turn back the clock and strip our constituents of the rights that Democrats fought for decades to secure, we failed,” said Snyder-Hall.
However, Snyder-Hall said that the failure to pass this bill is not the end. “There are still three legislative days left in the 153rd General Assembly and I am hopeful that we will be able to get the votes required to pass this incredibly basic — but important — bill.”
New York
Judge blocks DOJ from obtaining transgender patients’ medical records
Advocacy groups sued White House
A judge for the U.S. District Court for the Southern District of New York has granted a request from multiple transgender people for a temporary restraining order, blocking the disclosure of plaintiffs’ and class members’ medical information to the Justice Department.
Judge Katherine Polk Failla approved the Temporary Restraining Order and Provisional Class Certification, preventing any further information from being provided to the Trump-led DOJ.
The medical data was requested through subpoenas issued by the Trump-Vance administration’s DOJ to multiple hospitals in New York City — most notably NYU Langone — which halted its Transgender Youth Health Program in May following a federal push to stop providing trans minors with gender-affirming care.
In May 2026, NYU Langone Hospitals received a subpoena from a federal grand jury in Fort Worth, Texas, demanding that the hospitals turn over the identities and sensitive health information of any patient who had received medical treatment for gender dysphoria while under the age of 18 at NYU Langone between January 2020 and May 2026.
Lambda Legal, the American Civil Liberties Union, and the New York Civil Liberties Union filed a lawsuit, “Coe, et al. v. Blanche, et al.,” against the Trump-Vance administration on behalf of three families with trans youth and two trans young adults who were minors when they began care, in June 2026.
The lawsuit requests a temporary restraining order blocking the DOJ from violating the patients’ constitutional privacy rights by obtaining identifying and sensitive health information as part of its investigation into unspecified health offenses. The DOJ issued subpoenas to NYU Langone and other similar healthcare institutions in New York City, including Mount Sinai, that provide or have provided gender-affirming medical care to trans minors. All plaintiffs have filed under pseudonyms to maintain their privacy and anonymity.
Multiple leaders of organizations that helped push for the restraining order provided quotes about the ongoing situation and what it means for the fight for trans children’s access to healthcare in the U.S.
“Today’s order from the court is a victory for the basic privacy of our clients and all families like theirs across New York City. It is no secret that this administration will use every lever in its power to attack transgender people and fulfill its misguided goal to ‘end’ gender-affirming medical care — care that is legal and protected in New York State. Using subpoenas to attain the identities and sensitive health information of transgender young people to effectuate such goals should send chills down the spine of every American. Our laws and our Constitution recognize that we all have a right to confidentiality about the most intimate and private information about ourselves,” said Omar Gonzalez-Pagan, senior counsel and health care strategist at Lambda Legal. “Whether a young person receives any type of medical care is a decision for that patient, their family, and their doctor, not for political appointees to decide, interfere with, or know. The government cannot abuse its powers to violate the constitutional rights of transgender young people and their families. It is an enormous relief for these families that the court has stopped them from doing so as this case proceeds.”
“We’re thankful the court has granted our emergency request to protect the privacy interests of transgender New Yorkers and their families,” said Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Rights Project. “Patients and families trust their doctors with their most intimate, private information and should trust in turn that this information will be protected from impermissible and harassing demands for disclosure from the federal government or anyone else. For the past year, the Trump administration has not only decided that it knows better than these families and their doctors what their medical needs are, but has also sought to obtain troves of sensitive information about patients in New York. We will continue to fight on behalf of these families and the fundamental liberty of all transgender New Yorkers and those who come here to seek needed medical care.”
“New York’s laws recognize that transgender youth deserve fundamental privacy protections for their sensitive medical records and unobstructed access to the care they need,” said Bobby Hodgson, deputy legal director at the New York Civil Liberties Union. “As the Trump administration tries to bully transgender youth, scare families, and intimidate healthcare providers into dropping their patients, we’re thankful the court found these tactics are likely unconstitutional and put a stop to them here in New York.”


