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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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National

White House orders warning signs at Smithsonian over gender identity exhibits

Administration criticizes National Museum of American History

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Secretary of the Interior Doug Burgum is expected to install warning signs outside the National Museum of American History warning visitors of supposedly anti-American content. (Photo courtesy of the Office of the Governor of North Dakota)

The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.

According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”

Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.

Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.

“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.

The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.

The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.

The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”

The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.

It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”

Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”

On July 9, the American Historical Association issued a statement rejecting the report’s findings.

In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.

House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”

In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.

Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.

“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.

Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.

It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.

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Rehoboth Beach

Officials raise troubling concerns about Rehoboth mayoral candidate Suzanne Goode

Homophobic emails, ‘aggressive’ behavior cited: ‘It just seems to be getting worse’

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Locals are raising concerns about Suzanne Goode’s behavior. (Photo courtesy Goode)

As Rehoboth Beach voters prepare to elect a new mayor on Aug. 8, some city officials and local residents are raising new concerns about the behavior of City Commissioner and mayoral candidate Suzanne Goode.

In addition to a history of troubling emails in which she has used homophobic language and criticized the city’s rainbow crosswalks, Goode is being accused of inappropriate behavior by a neighbor and a fellow Commissioner related to a dispute on the Nextdoor online platform.

The Blade spoke to City Manager Taylour Tedder, Commissioner Chris Galanty, and others about Goode’s behavior during her time as commissioner.

Goode was elected commissioner in August 2024. Fellow commissioner Susan Stewart, who is also running for mayor, criticized Goode’s behavior in a March 9, 2026 meeting, bringing up emails outlining Goode’s offensive conduct toward city staff. 

In one email, Goode wrote to Rehoboth Beach City Solicitor Lisa Borin Ogden: “I am sorry that I learned from Google when you were first interviewed [in the] spring [of] 2025 that you are Jewish. My opinion of my fellow Jews declined significantly thanks to you since last summer. Actually would have thought you would have more compassion than the average person, based on your late brother. Except you don’t. I am sick of your haughty attitude toward me.”

In other emails, Goode questions why city officials encouraged CAMP Rehoboth and Clear Space Theatre to apply for grant funds. She has denigrated both institutions, referring to CAMP as a “questionable non-profit” and Clear Space as “second rate” with a “woke, drag queen bent” at times. She accuses Rehoboth’s LGBTQ community of displaying “their sex lives in public view” and fears physical violence from LGBTQ activists.

Goode disputed the claims and called for the city to remove Stewart’s remarks from the website.

The following statements were included in the emails sent by Goode:

• “Gays and theatre aficionados can donate as much as they like to these pet causes. Some taxpayers think the theatre is second-rate as community theatres go, and many dislike the RB emphasis on LGBTQ when heterosexuals don’t demand equivalent display of their sex lives in public view.”

• “Just because the LGBTQ community feels oppressed and discriminated against, that doesn’t mean that those who identify as LGBTQ are better able to recognize racial discrimination than someone like myself. It might surprise some of you to learn that I briefly dated an African American fellow college student.”

• “A performing arts and LGBTQ agenda isn’t appropriate for BOC spending when the city faces over $60M in debt.”

• “But there are some folks in town, who ironically have to remain in the closet (conservatives now have to do what gays had to do in the 20th century — ah, the irony) who object to the woke, drag queen bent of Clear Space at times. They have confided this in me, and thanked me for fighting for their tax dollars. Maybe I will regret speaking up, as some LGBTQ activist will attack me physically, even though I am a complete supporter of gay rights, and have as many gay male friends as female friends now that I live in RB with a large gay population.”

In the emails, Goode also referred to City Manager Tedder as “the mayor’s whore.”

Stewart told the Blade that the troubling behavior has since escalated.

Commissioner Chris Galanty spoke to the Blade about Goode’s behavior as commissioner and her issues with the rainbow crosswalks in town.

“Suzanne told me on two separate occasions that she didn’t like the rainbow crosswalks, and she said that she didn’t understand why they had to exist, and she didn’t understand why gay people had to advertise their sexuality, and she said straight people don’t have to do that.”

Galanty said that when he challenged her on this, she “moved very quickly to another topic.” He said that she has now shifted her perspective and is more concerned that the rainbow crosswalks are an issue of labor costs.

Goode told the Blade that, “Unfortunately, the rainbow crosswalks have potentially reduced the upkeep of the conventional crosswalks. But the rainbow crosswalks are attractive in and of themselves, and they do add to our recognition of Rehoboth’s longstanding status as a gay-friendly town.”

Accusations of “aggressive” behavior by Goode aren’t limited to emails. Last summer, Goode came to the home of Diana Jones, a property owner in Rehoboth Beach who is a neighbor of Galanty’s. Jones spoke to the Blade to share her experience with Goode.

Jones is active on Nextdoor, an online social network for neighborhoods. She said that she got involved on the platform during the time of the commissioners election last summer, in which her neighbor, Chris Galanty, was elected as commissioner.

Jones said that she made posts supporting Galanty. She said that someone posted a link of a lawsuit that involved Goode’s husband, Jeffrey Goode, who lost his race for commissioner last summer. Jones said that she reposted the link after it was taken down.

Jones said that the lawsuit was “very relevant to somebody who is running for city commissioner.”

Jones said that Suzanne Goode showed up at her house as a result of the post. Jones was out walking her dog nearby so Goode briefly spoke with Jones’s husband who was home.

“She came over to my house because she was saying I was doxing him,” said Jones. Jones said that Goode then found her as she was walking her dog and tried to talk to her about her Nextdoor posts, saying that she “brought up a very painful time in her life.”

Jones said that she has not had any communication with Goode since.

When asked for comment on the situation with Jones, Goode responded by saying “Diana Jones’s behavior toward me was despicable, and the way she has chosen to give her side of the story to news media says more about her than it will ever say about me.”

Galanty told the Blade that Goode came to his house in late June of this year when he was not home. She then called him about Jones.

“She relayed to me that she was having a disagreement with my neighbor on the Nextdoor platform, and she asked me to intercede with the neighbor,” said Galanty. “She said, ‘Please speak to her because I am frustrated with what she is saying. She needs to stop, and you need to say something to her.'”

Galanty said that Goode called him four times and texted him 32 times in the span of three and a half hours the next day.

Galanty said that he responded the next day, telling her that her behavior was inappropriate.

“Eventually it took a couple of weeks, but she apologized in her own way. She just said we just need to let it go.”

From his perspective as commissioner, Galanty said, “She likes to re-litigate things that have happened, six months ago, nine months ago. She likes to rehash issues that are in the past.”

“She can be really aggressive, and people are just really turned off by her,” said Galanty.

Tedder, who has accused Goode of creating a “hostile work environment,” told the Blade about his experiences working with Goode.

“She does not support the staff, and constantly tells us to resign,” said Tedder.

Tedder said that Goode texted City Solicitor Ogden at 7:45 a.m. on a Saturday, telling her to resign.

“Sometimes she does have good ideas. It’s just it gets so lost in these pages and pages of emails and thousands of emails that she sends,” said Tedder.

In regards to Goode’s behavior, Tedder said it has been going on since the beginning. “It just seems to be getting worse.”

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Netherlands

Blade participates in Dutch university course on international LGBTQ rights law

Michael K. Lavers will be in the Netherlands through World Pride

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(Photo courtesy of Leiden University)

THE HAGUE, Netherlands — International News Editor Michael K. Lavers is participating in a course at Leiden University in the Netherlands that examines the role that international law plays in the LGBTQ and intersex rights movement.

The course — Sexual Orientation and Gender Identity in International Law — begins on Wednesday and ends on Aug. 4.

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights, is among the presenters. The course also includes a visit to the International Criminal Court.

Lavers will remain in the Netherlands through Aug. 10 to cover World Pride in Amsterdam. Photo Editor Michael Key will be joining him.

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