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Nevada AG invokes bigamy, incest to defend marriage ban

State interest is ‘to protect and perpetuate traditional marriage’

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Nevada, Catherine Cortez Masto, gay news, Washington Blade
Nevada, Catherine Cortez Masto, gay news, Washington Blade

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.

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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.”

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Obituary

Gary Sutton, known for ‘warmth and laughter,’ dies at 62

College Park resident had passion for gardening, watercolor painting

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Gary Sutton

Gary A. Sutton, a longtime resident of College Park, Md., who was an active member of several D.C. area LGBTQ social organizations before and after his retirement as a federal government worker, died on July 17. He was 62.

His partner of 35 years, Edward Leddy, said the cause of death was a heart attack.

At write-up on Sutton’s life that Leddy helped prepare for the funeral home where a celebration of life for Sutton will be held on Aug. 15 says Sutton’s life “was filled with warmth and laughter” and he was a “cherished son” of the community in Prince George’s County, Md., where he lived for nearly all of his life.

He graduated from the county’s Crossland High School in Camp Springs, Md., shortly before he “dedicated his career to the Environmental Protection Agency, serving with commitment and integrity,” the write-up says. Leddy said Sutton worked at the EPA’s D.C. headquarters for about 20 years before his retirement.

“Outside of work, Gary was known for his passion for gardening, often found tending to flowers and crafting beautiful landscapes,” the write-up says. “His creative soul shone through his watercolor paintings and intricate ink prints, leaving behind a legacy of artistry,” it says.

“Gary’s life was enriched by his love for sharing meals with friends, where his stories and laughter would light up the room,” the write-up that Leddy helped prepare continues. “He was an active member of several clubs, including Prime Timers, the Four Seasons Garden Club, the Montgomery County Men’s Club, and Ushers, where his presence was always full and appreciated.”

According to Leddy, all those groups, based in the D.C. metro area, had mostly gay/LGBTQ members. He said he and Sutton first met in 1991 at a meeting of the Four Seasons Garden Club. He said the two began dating and soon became a couple before Sutton moved into Leddy’s College Park house in 1994, where the couple lived until Sutton’s passing.

“It’s going to be very different for me now,” Leddy said. “He was very outgoing, loved his stories, loved laughter,” Leddy said, adding that he will miss their eating out with friends and sharing time together at home. He pointed to his and Sutton’s time traveling both across the U.S. and to Europe in past years.

“Gary’s life was a testament to the beauty of laughter, friendship, and heartfelt connections,” the write-up concludes. “He will be deeply missed and fondly remembered by all who knew him.”

In addition to his partner, the write-up says Sutton is survived by his sister Margo Arnold and her husband Randy, nephews Michael and Brandon Arnold, Brandon’s wife Renee, and a grandniece, Emily Arnold, “all of whom will carry forward his memory and joy.” Also among the survivors are his many friends in the D.C. metro area.

The celebration of life is scheduled to take place Saturday, Aug. 15, from 2-4 p.m. at the Donald V. Borgwardt Funeral Home at 4400 Powder Mill Road in Beltsville, Md.

Further details of the event and the ability to sign and post messages to an online guestbook can be accessed here. 

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Germany

1 dead, 29 injured in Berlin Pride attack

Authorities investigating incident as ‘Islamist terrorist attack’

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(Washington Blade photo by Ernesto Valle)

At least one person died on Saturday when a van drove into a crowd at Berlin’s annual Pride march.

The incident took place shortly before 10 p.m. local time (4 p.m. ET) in Tiergarten park.

Authorities say a 21-year-old German man of Lebanese descent who tried to join the Islamic State drove the van into the crowd. German Interior Minister Alexander Dobrindt on Sunday told reporters during a press conference the suspect also attacked people with a machete.

Dobrint said the suspect injured 29 people — with some of them in critical condition.

He and German Chancellor Friedrich Merz confirmed authorities are investigating the attack as “an Islamist terrorist attack.” Officers killed the suspect in the Berlin suburb of Spandau on Sunday after he reportedly charged at them with a knife.

A memorial service and rally took place in Berlin on Sunday.

A rally is held in Berlin on July 26, 2026, following an attack at the Christopher Street Day the night before. (Screen capture via ITV News/YouTube)

Hundreds of thousands of people participate in the annual Christopher Street Day parade — which is one of Europe’s largest Pride events — that winds its way through Berlin.

Christopher Street Day march participants in Berlin in 2022. (Washington Blade photo by Michael K. Lavers)

Tiergarten is near June 17 Street and the Brandenberg Gate where post-parade parties and concerts take place. Authorities cancelled the remaining Pride events after Saturday’s attack.

“We strongly condemn the fatal attack at the Christopher Street Day celebration in Berlin,” said the U.S. Embassy in Germany on Sunday. “This attack undermines the fundamental values of freedom and respect which underpin open and democratic societies. Our thoughts are with the victims, their families, and the first responders.”

European Commission President Ursula von der Leyen and Italian Prime Minister Giorgia Meloni are among those who condemned the attack.

“It is difficult for us to put into words the shock and grief of the queer community,” said Alva Träbert of Federation Queer Diversity, a German LGBTQ and intersex rights group known by the acronym LSVD, on Sunday in a statement. “Our solidarity goes out to all the victims and their families. The community’s grief now needs space to be expressed. This act, which according to the current state of the investigation was motivated by Islamist extremism, is to be condemned in the strongest possible terms. We owe our thanks and deep respect to the entire Berlin Pride team for their organization and to the emergency services for their swift assistance.”

Träbert added the attack “was not directed at a party, but at a political demonstration for the human rights of LGBTQIA+ people” and was “also an attack on democratic values themselves.” Träbert also urged the German government in the wake of the attack to do more to protect LGBTQ and intersex Germans.

The Capital Pride Alliance, which organizes the annual D.C. Pride parade, in a statement said it “is deeply saddened by the attack during Berlin Pride and our hearts are with everyone affected, especially the victims, attendees, the organizers, and the families, friends, and loved ones whose lives have been impacted.”

“We send our love and unwavering support to the entire Berlin LGBTQ+ community during this difficult time.,” said the Capital Pride Alliance.

⁠”Pride is rooted in community, resilience, and the belief that everyone deserves to gather safely and authentically,” it added. “In moments like these, we are reminded that our greatest strength is standing together.”⁠

Dutch authorities to ‘take extra measures’ during World Pride in Amsterdam

The attack took place on the same day that World Pride began in Amsterdam.

Amsterdam Mayor Femke Halsema on Sunday said authorities will “take extra measures … where necessary” during the event and the city’s annual Pride, which will take place on Aug. 1. Dutch Prime Minister Rob Jetten, who is gay, on social media said he expressed his condolences to Merz.

“The horrific act of aggression last night at the Pride in Berlin is a direct attack on our free and tolerant society,” said Jetten on X.

“My thoughts are with the victims and their loved ones,” he added. “In these difficult times, we stand shoulder to shoulder with our German neighbors.”

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Virginia

Winsome Earle-Sears launches campaign against Va. marriage equality amendment

Former LG lost to Abigail Spanberger in 2025 gubernatorial race

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Former Virginia Lt. Gov. Winsome Earle-Sears (Washington Blade photo by Michael Key)

Less than a year after losing Virginia’s gubernatorial race, former Lt. Gov. Winsome Earle-Sears is campaigning across the state against constitutional amendments that would protect marriage equality and reproductive freedom.

She is launching a statewide “Life and Marriage Tour” ahead of November’s election.

Although same-sex couples can legally marry under the U.S. Supreme Court’s 2015 Obergefell v. Hodges decision, Virginia’s constitution still contains language that defines marriage as between one man and one woman. Supporters say removing the language would protect marriage equality should federal precedent change.

The original ban was written into the state constitution in 2006. 

It has been hinted at in the past by Supreme Court Judge Clarence Thomas that he would consider revisiting Obergefell v. Hodges regarding contraception and marriage rights for same-sex couples. He stated this in his concurring opinion regarding the Dobbs v. Jackson ruling, which allows for state-level abortion bans.

Equality Virginia Executive Director Narissa Rahaman said removing the ban would bring the state’s constitution in line with existing law.

“20 years after banning marriage equality, it’s time for our commonwealth to fully complete our evolution — and finish the job on protecting marriage equality for all,” Rahaman said.

In an email to supporters, Earle-Sears said these amendments “raise serious concerns” and could alter principles about which Virginians care.

“That is why our efforts are focused not only on informing voters, but also encouraging them to carefully consider these proposals and vote NO on both amendments,” Earle-Sears said.

Virginia voters will consider three constitutional amendments this November.

Earle-Sears is campaigning for voters to reject two of them: the Virginia Remove Constitutional Same-Sex Marriage Ban Amendment and the Right to Reproductive Freedom Amendment.

A “Yes” vote on the Same-Sex Marriage Ban Amendment would include removing a provision that states marriage is between one man and one woman and prohibitng the state from denying a marriage license to two adults based on their sex, gender, or race, according to the Virginia Department of Elections.

In 2025, during debates against now Gov. Abigail Spanberger, Earle-Sears argued it is not discrimination to think that gay people should not be allowed to marry. She claims it conflicts with her faith.

According to ABC 8, in 2024 she wrote that she had a “moral opposition” to marriage equality, after former Gov. Glenn Youngkin, a Republican, signed a marriage equality bill that barred denying marriage licenses based on sex, gender, or race.

According to the Virginia Department of Elections, a “Yes” vote on the Reproductive Freedom amendment supports adding a section to the state constitution that would give Virginians the right to make and carry out decisions regarding reproductive healthcare, except in specific exemptions.

The Virginia Department of Elections wrote that if accepted, the amendment would allow the state government to pass laws to regulate abortion care in the third trimester of pregnancy, but require abortion care when it is medically needed to protect the life and health of the pregnant person or because the fetus is not viable.

During the 2025 election cycle, Earle-Sears was clear on her anti-abortion stance.

According to the Virginia Independent, she utilized campaign funds to donate to the Family Foundation of Virginia. The group is a faith-based, anti-abortion, and anti-in vitro fertilization non-profit.

The “Life and Marriage Tour” will include traveling throughout Virginia to speak with citizens, churches, community organizations, and local leaders. The exact locations have yet to be announced.

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