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

Politics

Log Cabin Republicans remove transgender rights from mission

Decision made after ‘significant discussion’ with members, board

Published

on

From left, former U.S. Ambassador to Germany Richard Grenell and then-Log Cabin Republicans President Charles Moran attend the Log Cabin Republicans Big Tent Event at the 2024 Republican National Convention in Milwaukee. (Washington Blade photo by Michael Key)

Log Cabin Republicans, an organization that formerly represented LGBTQ conservatives, has removed advocating for transgender and queer rights from its “renewed” national advocacy focus.

In an opinion piece written by Log Cabin Republicans President Ross Hemminger for the conservative media outlet Town Hall, he announced that trans rights would no longer be part of what the organization advocates for through conservative leadership and candidates.

In his piece, Hemminger wrote that after “significant discussion” with members and Log Cabin Republicans’ board of directors, the organization’s leadership voted to “refine Log Cabin Republicans’ national advocacy focus to concentrate specifically on issues of sexual orientation and conservative values,” a focus that does not include trans people.

“We have fought for the right to legally marry who we love, serve our country and our communities openly and proudly, and to enjoy the same inalienable rights afforded to all law-abiding Americans — and we succeeded,” Hemminger wrote. “However, the new era of gender identity politics is not the movement we supported and fought for. Gay men and women are losing public support across the country, and support for gay marriage and other once-widely accepted rights is eroding. Why? Because many voters today weren’t alive or cognizant of the politics of gay marriage winding its way through the courts and gaining ground in public opinion. Their view of the gay community is based on today’s radical transgender activists with their unnecessary and discomfiting focus on America’s youth.”

Hemminger then went on to argue that trans advocacy has shifted to focusing primarily on minors — a characterization that does not reflect the breadth of issues trans advocates address.

“They push schools to teach radical gender ideology; they want biological men in women’s sports regardless of the consequences; perhaps most offensively, they support gender reassignment treatments for minors, often without the knowledge or consent of the parents, knowing full well these treatments are mostly irreversible,” he wrote.

Hemminger and many right-wing political leaders have continued to assert this false reality as fact.

A Harvard-affiliated study found approximately 2.1 gender-affirming surgeries occur per 100,000 trans and gender-diverse minors diagnosed with gender dysphoria, underscoring how uncommon these procedures are among minors. In addition to the option of surgery for those who think it’s right for them, there is an array of other medically sound options to treat gender dysphoria, which according to KFF, an independent source for health policy research and polling, includes “medical, surgical, mental health, and non-medical services for transgender and nonbinary people.”

Additionally trans advocacy is not as narrow as Hemminger makes it seem in his opinion piece.

There are a slew of issues the trans community faces — and fights for — on a daily basis that have nothing to do with healthcare. Those include obtaining government documents that accurately reflect one’s gender identity, multiple elements of family law that include the right to marry and adopt children as straight couples can, protections from violence, hate crime protections, the right to serve in the military, access to bathrooms corresponding with their gender, and the right to education.

Despite the overwhelming number of issues trans people — regardless of political affiliation — have to struggle with as a result of systemic gaps in protections that are supposed to be afforded to everyone under the law, they remain vulnerable to unequal treatment.

Despite this shift, Log Cabin Republicans has committed to standing with the Republican Party rather than LGBTQ people as a whole. The organization was initially founded as a loosely connected network of local California social clubs made up of LGBTQ conservatives in the late 1970s before eventually emerging as a national political organization in the early 1990s under its founding executive director, Rich Tafel.

As the organization continued to gain momentum, it endorsed a handful of Republicans who voted against the Respect for Marriage Act, the 2022 law that federally recognized marriage equality for same-sex couples.

The Washington Blade reached out to Log Cabin Republicans for comment but did not hear back by the time of publication.

Continue Reading

Delaware

Democrat Maureen ‘Mo’ Madden takes on longtime GOP stronghold in Delaware’s 38th

Out lesbian candidate for state House focused on infrastructure needs, voting rights

Published

on

Maureen ‘Mo’ Madden (Photo courtesy of Madden)

Democrat Maureen “Mo” Madden is running for the Delaware House of Representatives in the 38th District, seeking to win a seat that has been held by Republicans for more than two decades.

The race opened up after Republican state Rep. Ron Gray announced in April that he would not seek reelection after seven terms in the General Assembly. 

Gray was first elected in 2012 and represents communities including Bethany Beach, Fenwick Island, Selbyville and Ocean View. Madden, a Dagsboro resident, filed to run for the seat in 2025.

Madden is a retired federal civil servant who spent nearly 23 years at NASA and more than seven years at the National Oceanic and Atmospheric Administration. She holds a master’s degree in physics and previously worked in leadership at NOAA.

She said her professional experience taught her the importance of working collaboratively, something she believes would translate to the legislature.

“Advocating, negotiating, and collaborating are all skills that a legislator needs,” she said. “You learn to collaborate. You learn to negotiate. You learn to advocate for your budget, for your team, and for your projects.” 

Madden said her decision to run began after she and her wife moved to the area and she noticed the lack of Democratic candidates on the ballot in her district.

“Somebody’s got to do it, and I’ve got time. I’m retired,” said Madden.

She acknowledged the difficulty of running as a Democrat in the district, which has been represented by Republicans since 2002.

Madden said one of the biggest concerns she hears from residents is the rapid growth of Sussex County.

“We have a massive amount of growth and a massive amount of development,” said Madden.

Madden said the growth has placed additional pressure on roads, schools, emergency services, as well as water and sewer infrastructure.

“We need to find a way to bring more money down here for the school system and for the infrastructure that we need,” she said.

She also raised concerns about the impact of new developments on existing neighborhoods, particularly in regard to flooding and drainage.

“Something needs to be done,” said Madden.

Madden also pointed to climate change as a factor affecting the region.She said the state will need to work on both addressing development and preparing communities for increasingly severe weather.

“We have to work both sides of it,” Madden said.

Madden said improving infrastructure would be a priority if she is elected, particularly roads and other infrastructure that affect residents’ daily lives.

“I want to increase the safety of my neighbors,” she said.

Madden also said she wants to address infrastructure needs related to water and sewer service, as well as the availability of health care in the rapidly growing coastal region.

Madden said protecting voting rights would be another priority in the legislature.

“The right to vote is one of the biggest things that we have here in a democracy,” she said.

She said that she supports early voting, mail-in voting, and same-day registration, as well as restoring voting rights to people who have completed felony sentences.

“You should not lose a constitutional right because you’ve been in jail,” said Madden.

“Protecting the right to vote is how I will defend democracy when I get to the state House,” she said.

Madden said she would also support efforts to enshrine certain rights in the Delaware Constitution, including reproductive rights, voting rights, and the right to marriage.

“Those three protections of our freedoms that are right now under attack need to be more secure in the Delaware State Constitution,” she said.

As an openly lesbian candidate, Madden said LGBTQ+ rights are important to her, particularly the treatment of young transgender people.

She said she is concerned about efforts to restrict transgender students’ participation in sports and other policies affecting transgender people.

“They are picking on the most vulnerable of the most vulnerable,” said Madden.

She said she hopes voters will view LGBTQ+ people as part of their communities rather than as fundamentally different from their neighbors.

“We’re your neighbors. We’re your friends. We’re your family,” she said.

Madden will face Republican Carlie Carey in the general election on Nov. 3. 

Continue Reading

Local

Comings & Goings

Spark Social launches new Sunday coffee event

Published

on

Nick Tsusaki

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

It is exciting to write about Nick Tsusaki, the founder and owner of Spark Social, 2009 14th St., N.W. Tsusaki just announced the official opening, on Sunday, Aug. 23, of a new daytime event, called Spark Coffee Club, a great opportunity to meet up with friends, or meet new ones.  It is in partnership with Go Gay DC and runs 12-1 p.m., every Sunday. If you are new to D.C., you can browse more than 180 local LGBTQ+ community groups Tsusaki has listed on the community tab of his website: spark-dc.com/community.

“I’ve been out for most of my life, but it wasn’t until I started working in queer spaces, surrounded by queer people, that I really felt proud, even lucky, to be gay,” he said. “I hope Spark is a place where more people come to that same realization.”

Tsusaki went to Georgetown for his undergraduate studies, and spent four years doing Navy ROTC, then went into the Navy. He told me, “Town was the first gay bar I ever went to. It was always such a liberating and euphoric experience, I knew I wanted to come back to D.C. permanently, after the Navy.”  

During his eight years in the Navy, Tsusaki spent time in among other places, Bahrain, and Korea. He was D.C. operations manager, where he managed large, diverse teams, across multiple countries, supervising logistics, scheduling, safety protocols, and daily operational readiness. He also directed emergency response and crisis management operations, including White House support, COVID-19 response planning, and major safety and security protocols protecting tens of thousands of personnel.

Tsusaki recounted, “When I left the Navy in 2023, I applied to every gay bar in the city.  Fortunately, Shakers, was just opening at that time, and I started as a barback on the opening team. My appreciation for the D.C. LGBTQ+ community, and LGBTQ+ spaces only grew as I worked with and met some of the most hilarious, talented, proud, diverse, and supportive people in my life. After just a year in the industry, my passion had grown so strong I decided I wanted to open my own venue.” 

Tsusaki then built Spark Social, and now supervises a 20-person team across café, bar, retail, and nightlife operations, ensuring strong safety standards, clear procedures, and consistent guest experience. He has developed a deeply trusted neighborhood presence through strong community partnerships, resulting in a 4.9 Google rating with 120+ reviews.  He created an innovative 1-for-1 cocktail menu offering alcoholic and non-alcoholic options, with equal quality and presentation, and promotes an inclusive nightlife for non-drinkers. He has established Spark as a unique market leader in LGBTQ+ hospitality, combining daytime café culture, with late-night programming, and community-centered events. So, whether you go for the new community coffee hour on Sundays, or any other time, Spark Social is a place where you will feel comfortable. 

Tsusaki earned his bachelor’s of science degree in foreign service, Georgetown University; and master’s in business analytics from the University of Virginia, Darden School of Business. 

Continue Reading

Popular