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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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Rehoboth Beach

Craig Thier says experience, civility are key to Rehoboth’s future

Mayoral candidate cites finance background as key strength

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Craig Thier is running for mayor of Rehoboth Beach.

(Editors note: This is the third installment in a three-part series profiling the candidates for mayor of Rehoboth Beach, Del.: Commissioners Suzanne Goode, Susan Stewart, and Craig Thier; a fourth candidate, William Raak, filed to join the race but has not responded to multiple Blade inquiries. Visit washingtonblade.com for previous installments.) 

Rehoboth Beach City Commissioner Craig Thier says his experience in public service and finance has prepared him to lead the city as residents elect a new mayor on Aug. 8.

Thier, who has owned property in Rehoboth Beach since 2002 and has lived there full time for a little more than five years, said he first sought public office after becoming concerned about the city’s financial planning.

“A couple of years ago, when I decided to run, the city raised taxes and fees across the board unnecessarily. They had a broken budgeting process,” said Thier.

Elected as a city commissioner in August 2024, Thier draws on a background in corporate finance and consulting, He said he could improve the city’s budgeting practices.

“I felt that I could bring that experience in and help the city improve that broken budgeting process,” he said.

Thier said one of his accomplishments as commissioner has been helping transition the city from annual budgeting to long-term financial planning.

“Within the first year, I worked with the city administration to transition us from an annual budgeting process that was really broken to a multi-year planning process,” he said.

If elected mayor, Thier said his first priority would be improving relationships among members of the Board of Commissioners.

“First would be just civility. There is a lot of infighting among some of the commissioners,” said Thier.

He says that he wants to focus on “getting people to work together so that we can get back to the business of the city.”

Thier said disagreements are inevitable but believes they should be handled more respectfully.

“We have to return to civility. People need to respect each other, people need to respect the right of other individuals to express their thoughts and opinions,” he said. 

“That lack of civility absolutely has impacted our ability to get the business of the city done.”

He also said meetings should remain focused on the agenda even when commissioners disagree.

“Everyone’s got to tone things down a little bit,” Thier said. “Just because we may not agree with someone’s position doesn’t mean that that position isn’t valid.”

He added that after discussions conclude, commissioners should be willing to accept the outcome.

“People need to be prepared to move on if they don’t have the support,” he said.

Thier pointed to his previous elected experience as another qualification for the mayor’s office.

“I spent 12 years on a school board, five years as president, and I’m finishing up my second year here [as commissioner]. I believe that I have far more experience than anyone else.”

“I’ve been able to accomplish things because of my experience, and I’ve been doing this a long time,” he added.

Thier also said maintaining Rehoboth Beach’s perfect score on the Human Rights Campaign’s Municipal Equality Index would remain a priority if he is elected.

“It is absolutely a priority for the city,” he said.

“I think it’s one of the great things about the city of Rehoboth Beach is the diversity that’s there, and that we’ve been a very welcoming community.”

Thier credited city staff for helping achieve the city’s perfect score and said he would continue working with LGBTQ+ organizations, including CAMP Rehoboth.

“I have relationships with these organizations. I would continue to foster these relationships,” he said. “It’s critical that we’re doing the things to maintain this perfect score.”

Thier also expressed support for the city’s partnership with Clear Space Theatre Company as it works toward constructing a permanent performing arts venue downtown.

“Clear Space has been part of the community for more than 20 years. I think they’re an important part of the community.”

He said the theater contributes to Rehoboth’s identity as a tourist destination.

“The tourists come to Rehoboth for the whole package: the beach, the boardwalk, our restaurants, our retailers, Clear Space. They’re an important part of that whole package.”

The election will take place on Aug. 8 from 10 a.m.-6 p.m. at the Rehoboth Beach Convention Center.

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District of Columbia

Is the Metro safe for riders?

WMATA says crime dropped 37 percent on system in 2025

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(Washington Blade photo by Michael Key)

I was inside Benning Road train station in April waiting for my train with two friends on the way to school. It usually took me 25-30 minutes to get from Benning Road Station to school at Congress Heights. As I waited for the train, I kept noticing that every train that got to five minutes away would disappear from the Metro screen before it got to my stop. 

I found out from one of my friends that a Metro work vehicle had crashed into a train at Metro Center and that all trains were now delayed. While my friends were able to call their family to pick them up, I had no such luxury. The train was my only option. It took me more than an hour to get to school. I missed my first period because of it and had to make up my work later in the day. I was marked absent because when a student misses one class, they’re marked absent for the day and an email is sent to their parents. I felt irritated knowing that I had to deal with all of these problems that weren’t even my fault due to an incident that happened on a different side of town. 

The incident at Metro Center isn’t the only incident that I have experienced on the subway. I have experienced kids fighting and almost pushing me on the tracks, massive delays because a woman was passed out on the train and Metro police pulling out their assault rifles and arresting someone in the station, which caused people to panic and start running.  

I later learned the crash that led to me being late to school caused 11 injuries to people who were on the train, according to media reports. And the Metro has experienced other dangerous incidents this year. A man was beaten so badly on Cinco de Mayo that he needed staples in his head and another man was beaten to death by a stranger at the Addison Road station

However, I’ve never experienced any incident that has led to me getting hurt, nor actually seen anyone get hurt.  

So, is the Metro safe? 

Metro experienced the lowest crime rate in its history in 2025, the Washington Metropolitan Area Transit Authority said. The crime rate decreased by 37 percent in 2025 compared to 2024. 

Last year, the Metro Transit Police Department increased enforcement efforts department-wide by more than 25 percent, Metro said. WMATA said it is in the process of installing upgraded video systems on our 6000 and 7000-series rail cars, which make up most of the cars in the system. This new camera system allows for live video access to rail cars from Metro’s Integrated Command and Communications Center.

Asked if he felt unsafe using the Metro, Dr. Aruna Rajam, a teacher at Bard High School Early College DC and George Washington University, recalled being on the train with a man who was smoking weed and yelling.  

“It didn’t turn physically violent, but it was alarming and made me feel like the situation could go sideways quickly,” said Rajam, who takes the train to both of his jobs, traveling day and night. 

Incidents like these are what make Rajam feel unsafe occasionally when he is riding the subway at night: “Late at night — like my 8:45 ride from Foggy Bottom to Springfield — it’s a different atmosphere.” 

Jayden Payne, a rising sophomore at Bard, worries even more. 

“There was a man who seemed intoxicated, moving around his phone, pretending it was a gun-all up in ladies’ faces,” he said in an interview. 

When asked if he would recommend the subway to others, he gave a firm “no” due to all of the incidents that he has heard about that have happened on the Metro. 

Erin Bray, who graduated from Bard in June, recalled an incident when a man brought a gun on the train when she was on it. Asked if she felt safe on the subway, Bray said: “No, because there’s not enough security and people keep bringing [weapons] on there.” 

Metro said it launched a Safety Risk Reduction Plan to improve riders’ safety and employs several other safety tactics, including Safe Passage patrols to help students in D.C. get to and from school safely. 

While all of the people interviewed said that they saw or experienced an uncomfortable incident, Metro said it is increasing its security and safety protocols. 

WMATA data coincides with what one of my interviewees said about his experience on Metro. 

“I feel safer now than I felt riding the Metro today than I did 10 years ago,” Dr. Samuel Slattery, a social science teacher at Bard High School Early College, said.  

He spoke of his experience with the Southeastern Pennsylvania Transportation Authority subway in Philadelphia in comparison: “… That’s what an unsafe train system feels like,” Slattery said. 

The week before he was interviewed in May, Slattery said he was on SEPTA and there was a woman “eating beans off the floor of the train,” a homeless man “passed out in the middle of the train,” and a mentally ill woman yelling in his and other passengers’ faces that, “‘Jesus was watching her’ and the rest of us were in contact with demons.” This incident agitated Slattery so much that he said, “Screw this” to his friend and decided to pay extra for an Uber.

Metro riders who want to report an incident or safety concern can call Metro Transit Police (MTPD) at 202-961-2121 or text MYMTPD (696783). Metro also posts a daily Crime Blotter on its website where the public can see the calls MTPD responded to on a given day.  The Crime Blotter can be found here: https://www.wmata.com/about/transit-police/crime-stats.cfm 

Christian Jennings, a 2026 graduate of Bard High School Early College DC, is a rising freshman at North Carolina State University, where he plans to major in nuclear engineering. He worked with journalist-instructors at Youthcast Media Group on this article. 

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Puerto Rico

LGBTQ ‘human rights crisis is unfolding in Puerto Rico’

Activist spoke at Congressional Hispanic Caucus briefing in D.C. on July 15

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(Washington Blade photo by Michael K. Lavers)

An activist from Puerto Rico who spoke at a Congressional Hispanic Caucus briefing last week in D.C. said anti-LGBTQ laws and policies have left the LGBTQ community in the U.S. commonwealth even more vulnerable.

“A human rights crisis is unfolding in Puerto Rico — one that disproportionately affects LGBT+ people, particularly transgender and nonbinary Puerto Ricans,” said True Self Foundation Executive Director Miguel Vázquez-Rivera.

The True Self Foundation and LatinoJustice PRLDEF participated in the briefing that took place on July 15.

Vázquez-Rivera during the briefing highlighted several anti-LGBTQ laws and policies that have been implemented since Gov. Jenniffer González took office in January 2025. These include Law 63-2025, which prohibits gender-affirming healthcare for anyone under 21, and Law 26-2026, which prohibits the University of Puerto Rico and other “government facilities” from installing “mixed or gender-neutral multi-occupancy restrooms.”

“The legislation aims to strengthen public safety standards while ensuring that no individual is subjected to unlawful discrimination,” noted the Puerto Rico Federal Affairs Administration on Feb. 25 in a press release after González signed it.

González, a Republican who is a member of the pro-statehood New Progressive Party, was Puerto Rico’s resident commissioner in the U.S. House of Representatives before she became governor. González supports President Donald Trump.

Vázquez-Rivera during the briefing highlighted anti-LGBTQ measures that have been introduced in the Puerto Rico Legislative Assembly. These include House Bill 164, which would prohibit transgender athletes from school sports teams that correspond with their gender identity, and House Bill 131, which would allow faith-based adoption agencies to deny services to same-sex couples.

“The overwhelming scientific evidence is clear: children raised by same-sex parents do just as well as those raised by different-sex parents,” said Vázquez-Rivera. “What matters is not the gender or the sexual orientation of the parents; but the presence of love, stability, and support.”

Trump upon taking office for a second time on Jan. 20, 2025, signed his “Defending Women from Gender Identity Extremism and Restoring Biological Truth to the Federal Government” executive order. Among its provisions is the federal government’s recognition of two genders: male and female.

Vázquez-Rivera noted “other proposals” in Puerto Rico “would recognize only ‘biological sex’ in government documents, prohibit inclusive language throughout public institutions, continue challenging recognition of nonbinary identities, and reverse protections for LGBT+ students previously adopted by the University of Puerto Rico.”

“The challenges facing LGBT+ Puerto Ricans cannot be viewed as isolated debates about healthcare, sports, bathrooms, or language,” said Vázquez-Rivera. “They are part of a much larger picture.”

“Puerto Rico is already confronting poverty, disaster recovery, healthcare shortages, and economic instability,” he added. “When discrimination is added to these realities, existing inequities become even deeper. Mental health worsens. Families are displaced. Communities become more vulnerable.”

Vázquez-Rivera further stressed “these issues are interconnected, and our response must be as well.” He also urged the LGBTQ rights movement to do more to support — and fund — advocacy efforts in Puerto Rico.

“Ultimately, this is not about granting special rights,” said Vázquez-Rivera. “It is about ensuring that more than three million American citizens living in Puerto Rico have the same opportunity to live healthy, safe, and dignified lives as every other American.”

The Puerto Rican government has not responded to the Washington Blade’s request for comment.

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