Connect with us

News

Nevada AG invokes bigamy, incest to defend marriage ban

State interest is ‘to protect and perpetuate traditional marriage’

Published

on

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.

Screen Shot 2014-01-23 at 11.02.07 AM

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.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

HRC condemns DoE removal of LGBTQ bullying data from federal survey

Organization cites rise in homophobic, transphobic policies, worse mental health outcomes

Published

on

Department of Education. (Public domain photo)

The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.

The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.

That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.

Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.

K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.

These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.

The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.

By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.

Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.

The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.

This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.

Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.

These policies have a real-world impact on trans people.

The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.

Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.

HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.

“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”

HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.

This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.

The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.

Continue Reading

Netherlands

Dutch PM: More needs to be done to defend trans rights

Rob Jetten on Friday was on World Pride Human Rights Conference panel

Published

on

Dutch Prime Minister Rob Jetten speaks at the World Pride Human Rights Conference in Amsterdam on Aug. 7, 2026. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key will be on assignment in Amsterdam until Aug. 10.

AMSTERDAM — Dutch Prime Minister Rob Jetten on Friday said more needs to be done to defend transgender people and their rights.

“Everywhere in the Western world, it’s definitely the group that’s the most vulnerable in the moment and it’s rather well-picked also by our advisories,” he said during a panel at the World Pride Human Rights Conference in Amsterdam that Ying Xin and Diego García Blum of Global LGBTQI+ Human Rights Program at the Harvard Kennedy School’s Ryan-Carr Center for Human Rights Policy moderated. “They’ve chosen the smallest group within our broader community (trans people) to attack them, to ensure that we can strip their rights and if they’ve done with that, they’ll go after the next group within our community, so we shouldn’t be naïve about what’s behind it.”

“It’s very well-funded. It’s very well-organized and we have to organize as well to fight back and to win this fight,” added Jetten. “We also need to be more open in conversations that we are having within the community and also dive into it much deeper and maybe even have more difficult and annoying conversations.”

Jetten in February became the Netherlands’ first openly gay prime minister.

He appeared on the panel alongside former Irish Prime Minister Leo Varadkar, who in 2017 became his country’s first openly gay head of government, and former San Marino Captain Regent Paolo Rondelli, who was his country’s ambassador to the U.S. from 2007-2016.

Several other current former heads of government who are gay or lesbian also participated in the panel. They include former Icelandic Prime Minister Jóhanna Sigurðardóttir, former Luxembourgish Prime Minister Xavier Bettel, and Andorran Prime Minister Xavier Espot Zamora. California Congressman Mark Takano, who chairs the Congressional Equality Caucus, and LGBTQ+ Victory Fund CEO Evan Low were among those who attended.

Jetten in his remarks said he was “very surprised” to learn that “not only in the U.S. but also in some European countries that we’ve let them decide what the gay group looked like.” The Dutch prime minister further pointed out that conservatives began “to attack the debate on toilets or starting this debate about trans people in Olympic games.”

“That is, of course, a ridiculous debate to start, but we’ve got distracted because we were so busy having this debate on Olympians, and then we actually forgot the real fight was about access to healthcare, just being yourself, being able to enlist in the army, or being able to be a young trans boy or girl in school,” said Jetten. “We got distracted by some fresh meat that was thrown into the area by some very conservative people.”

“We have to open our eyes and have very in-depth conservations within our community, and come up with a much better strategy to win this fight and to protect all our trans brothers and sisters, dolls, whatever,” he added. “Because if we don’t win this fight for trans people, we’re going to lose the bigger fight for all LGBTQ people in the world.”

Varadkar noted Ireland in 2015 passed a law that allows people to legally change their gender without surgery or other medical interventions.

He conceded there was “a liberal wind blowing across the world at the time, and it was largely uncontested.”

“It would be harder now, quite frankly, to do that legislation,” said Varadkar.

Former Irish Prime Minister Leo Varadkar speaks at the World Pride Human Rights Conference in Amsterdam on Aug. 7, 2026. (Washington Blade photo by Michael Key)

Scottish lawmakers in 2022 passed the Gender Recognition Reform Bill, which lowered the age for anyone to legally change their gender without medical intervention from 18 to 16. Then-British Prime Minister Rishi Sunak’s government later blocked the measure from taking effect.

The U.K. Supreme Court in 2025 ruled the legal definition of a woman under the country’s Equality Act is limited to “biological women.” Author J.K. Rowling is among those who praised the decision that stemmed from a case that challenged the Scottish government’s decision to include trans women in its definition of women when it sought to increase the number of women on government boards.

The Trump-Vance administration on Jan. 20, 2025, the first day it was in office, issued a sweeping executive order that, among other things, declared the federal government would only recognize two genders: male and female. The White House earlier this year in its counterterrorism strategy said it “will also prioritize the rapid identification and neutralization of violent secular political groups whose ideology is anti-American, radically pro-transgender, and anarchist.”

“We have to stay united,” said Rondelli. “The strategy was, since the beginning, was a Nazi strategy to create groups, target groups, and to create maximum distractions to avoid discussion about some sort of policies.”

“Trans people are the target at the moment,” he added. “But after them it will probably be some others, so we have to stay united.”

Former San Marino Captain Regent Paolo Rondelli speaks at the World Pride Human Rights Conference in Amsterdam in Aug. 7, 2026. (Washington Blade photo by Michael Key)
Continue Reading

The White House

HRC files class action over federal ban on gender-affirming care coverage

Lawsuit filed Monday challenges White House effort to restrict care

Published

on

Gender-affirming care activists outside of the D.C. Attorney General's office on Feb. 13, 2026 in support of care for trans youth. (Washington Blade photo by Michael Key)

The Human Rights Campaign Foundation, the nonprofit sister organization to the largest LGBTQ human rights lobbying and advocacy organization in the U.S., along with law firms Correia & Puth and Cohen Milstein Sellers & Toll, filed a class action lawsuit against the government as it attempts to restrict gender-affirming healthcare for federal employees.

The suit, filed on Monday, alleges that the Office of Personnel Management, run by Trump appointee Scott Kupor, is discriminating against LGBTQ federal employees (and their families and retired employees) by prohibiting health insurance coverage for gender-affirming care under the Federal Employees Health Benefits and Postal Service Health Benefits plans. There are five plaintiffs named in the complaint, but it extends to others who have those healthcare plans.

The document asserts that OPM’s prohibition on coverage for “gender transition” care in the FEHB and PSHB programs violates Title VII, the federal law that prohibits discrimination based on sex, race, color, religion, or national origin.

The policy, which was implemented on Jan. 1 following the 2025 issuing of Program Carrier Letter, mandated that insurance providers in these programs deny any coverage for gender-affirming care. In February, HRC filed a federal complaint with OPM over the change in healthcare policy, which was ultimately passed to the Equal Employment Opportunity Commission for review. That complaint is now an officially filed class action lawsuit in the U.S. District Court for the District of Columbia.

Research from the Williams Institute at UCLA Law, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, indicates that this policy denying gender-affirming care will impact healthcare access for at least 39,400 current and former federal employees and their dependents.

Human Rights Campaign President Kelley Robinson released a statement following the lawsuit’s filing.

“Our message to the Trump administration is simple: we’ll see you in court,” said Robinson. “Healthcare access should never be weaponized to advance discrimination — and the denial of coverage for critical healthcare based simply on who you are blatantly violates the rights of all of us.”

Gender-affirming care has been under constant attack by the Trump-Vance administration since its return to the White House, despite the practice being considered as extensively evidence-based but also supported by nearly every major medical organization. This type of care is provided to all people—not just transgender people—and includes things such as social affirmation, including using correct names and pronouns and wearing clothing that matches a person’s gender identity; mental health support, such as counseling to reduce depression and anxiety; and, in some cases, medical interventions such as reversible puberty blockers or hormone therapy when deemed medically appropriate.

“Federal employees have been through the wringer with the Trump administration,” said Cathy Harris, partner at Correia & Puth. “We draw the line at blatant discrimination to deny healthcare to our nation’s dedicated civil servants.”

“This odious policy is the latest example of the Trump administration’s obsession with targeting transgender people, using shameful and cruel tactics to threaten their employment, their health, and the well-being of themselves and their families,” Robinson added. “OPM’s actions will not go unchallenged, and we’ll continue to fight so that federal employees and their families receive the dignity they deserve.”

This is not the first time the White House has directly attacked gender-affirming care.

In January 2025, the administration issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

For more information on how to get involved with the lawsuit, visit hrc.org.

Continue Reading

Popular