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.”
The DMV’s own furry group was on full display on the Metro on Sept. 12.
Shutterpaws is a volunteer-led 501(c)(3) non-profit organization located in Maryland.
The furry group has been doing the FurRide event since 2024 and has blown up in popularity for furries around DMV. They showcased themselves on the Silver and Blue Lines near the Smithsonian on Sept. 12.
“A lot of careful planning goes into running these events, with the goal being a seamless and enjoyable experience for everyone who attends,” says Zayre, a Shutterpaws staff member. “There’s a lot that you learn just by trial and error, and as Shutterpaws hosts more and more events, our team of event organizers continues to learn and refine our approach to keep things running smoothly and finding new ways to engage with our community.”
With a larger growth of participation in the community comes many challenges with the group, especially when it comes to the Metro rides and organizing.
“The biggest challenge that we face as organizers is keeping things fresh and finding new and engaging venues to host events,” says Zayre. “Recently we saw a lot of success hosting a meet at On Target Battlezone, an indoor NERF gun battle arena where our crew was welcome to show up and play both with and without a fur suit.”
Nevertheless, Shutterpaws receive overwhelming support from the community and partners.
“Across the DMV there are so many amazing places to host a Shutterpaws event so we can pursue our mission of helping connect fur suiters and photographers, and we’re blown away with the amount of support we’ve received from our community partners,” says Zayre.
Shutterpaws plans to do more events for anyone in the DMV who is interested.
Their next event in collaboration with DC Fur Meet will take place at Pitchers (2317 18th St., N.W.) on Saturday. Visit Shutterpaws’ website for more information.
Turkey
Activists protest outside Turkish Embassy in D.C.
Dozens detained during anti-LGBTQ ‘My Family Is Safe’ campaign raids
A group of activists on Friday gathered in front of the Turkish Embassy in D.C. to protest the country’s anti-LGBTQ crackdown.
The protest — which the Council for Global Equality, Amnesty International USA, Outright International, and Health GAP organized — took place less than a week after Turkish authorities detained dozens of people during raids that targeted the country’s LGBTQ community and advocacy groups and HIV/AIDS service organizations.
Authorities in Istanbul on Sept. 15 detained more than 150 people who gathered outside a courthouse to protest the raids that are part of the government’s “My Family Is Safe” campaign. Journalists are among those who were taken into custody.
“This crackdown is not making families safer,” said Amnesty International USA Executive Director Nadia Daar, speaking in front of the Turkish Embassy.
Council for Global Equality Managing Director Keifer Buckingham stressed that “homosexuality is not a crime in Turkey.” Health GAP Executive Director Asia Russell and Outright International Senior Director of Law, Policy, and Research Neela Ghoshal also spoke.
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Activists in Madrid and in other cities around the world held similar protests on Friday.
Delaware
Republican challenger misgenders McBride during forum, forced to leave
Jewish Federation of Delaware hosted event on Thursday
Republican “Dr. Joe” Arminio, the Republican nominee for the First State’s at-large U.S. House of Representatives seat, attempted to misgender the the country’s first and only transgender member of Congress while at a forum on Thursday.
This story was first broken by WDEL out of Wilmington, Del.
Arminio used the terms “his” and later “gentleman” when referring to U.S. Rep. Sarah McBride (D-Del.) during his time on the mic before he was asked to leave the forum, hosted by the Jewish Federation of Delaware at the Siegel Jewish Community Center in Talleyville on Thursday night.
At that point, the crowd of about 100 people largely started booing Arminio, who then finished, “I would like to show respect to the speaker, that would be nice.”
The first time Republican US House candidate “Dr. Joe” Arminio referred to Rep. Sarah McBride (D) as a man during Thursday’s debate at the Siegel Jewish Community Center in Talleyville. He was warned for his comment. #netde https://t.co/j4EaMOL84W
— Sean Greene (@SeanGreeneWDEL) September 18, 2026
Moderator Ken Grant waited until Arminio was finished, then said, “this is your final warning, if you fail to show respect to anyone else on this stage, you’ll be asked to leave.”
During the answer to his next question at the forum, Arminio responded to what he called an “error.”
“I committed an error before, and I do acknowledge it,” Arminio said. “It’s not the first error I’ve made in this campaign, or at any point in my future life.”
Despite the apology and acknowledgement that he had committed what was, at the very least, a social taboo, he did it again 12 minutes later.
While talking about rising healthcare costs being a “catastrophe,” Arminio pointed to U.S. Sen. Chris Coons (D-Del.) and McBride.
“The reason it is is because gentlemen like the two up here with me in the Democratic Party, and the Republican Party … ” Arminio said.
Despite his direct attacks on McBride’s gender identity, she responded to the situation with grace, attempting to intervene to allow Arminio to still have a chance to speak despite not heeding the moderator’s warnings.
“I don’t want this gentleman to not have the ability … ,” McBride began.
However, Republican Senate candidate Michael Katz interrupted her shortly before Arminio was removed from the forum, which was meant to inform the Delaware electorate on the candidates’ issues.
Katz had his opening statement next and directly condemned Arminio’s comments.
“I would like to apologize to everybody here and everybody else on this stage. As a physician, I believe in our common humanity and respect for each other. I feel that pain over those comments, and my apologies.”
Following the forum, Katz called for Arminio to exit the race via social media.
“Those who seek to represent Delaware must demonstrate integrity, judgment, decency, and respect — even toward people with whom they profoundly disagree,” Katz’s post read on Facebook. “For these reasons, I am calling on Joseph Arminio to withdraw his candidacy for the United States House of Representatives.”
This is not the first time McBride has been the victim of misgendering.
In 2025, House Foreign Affairs Committee Chair Rep. Keith Self (R-Texas) introduced the sole representative from Delaware as “Mr. McBride” during a meeting.
This is also not the first time McBride has faced vitriol from the other side of the aisle — both in terms of personal and legislative attacks on her trans identity.
In 2025, the House voted to ban trans girls and women from playing school sports with other girls, while U.S. Rep. Nancy Mace (R-S.C.) pushed for legislation barring trans women from using women’s bathrooms.
House Speaker Mike Johnson (R-La.) instituted a similar rule barring McBride — and all other trans women — from women’s restrooms on Capitol Hill.
McBride has also been a vocal opponent of Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. The directive prohibits the federal government from recognizing the gender identity of trans people.
She has criticized Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which would ban trans service members from serving in the Armed Forces. The directive is still being challenged in the courts to determine its constitutional legitimacy, but it has been allowed to remain in effect as the judicial system considers its legality.
The Washington Blade sat down with McBride in May to reflect on a tense year for LGBTQ politics, where she, in typical McBride fashion, answered questions about the hate she has received.
“Our politics are too often defined by hate,” McBride told the Blade. “I’m glad Delaware and Delawareans are showing that a different kind of politics is possible.”
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