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

District of Columbia

Campaign launched to elect more LGBTQ candidates to ANC seats  

Capital Stonewall Democrats behind Queering ANCs effort

Published

on

Voters wait in line outside the Stead Park Recreation Center in Dupont Circle on Nov. 5, 2024. Capital Stonewall Democrats has launched a campaign to get more LGBTQ people elected to D.C.'s Advisory Neighborhood Commissions. (Washington Blade photo by Michael K. Lavers)

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political group, announced on July 7 it has launched a campaign to help elect large numbers of LGBTQ candidates to the city’s Advisory Neighborhood Commissions.

The D.C. local government is believed to be unique among U.S. cities in currently having 46 Advisory Neighborhood Commissions consisting of 345 single-member districts in neighborhoods throughout the city in which unpaid Advisory Neighborhood Commissioners are elected for two-year terms.

The commissions are charged with considering a wide range of policies and programs impacting their neighborhoods, including traffic, parking, recreation, street improvements, liquor licenses, zoning, economic development, police protection, sanitation and trash collection, and D.C.’s annual budget, according to the ANC website.

Although the ANCs do not have authority to set or reject policies or proposals, such as applications for liquor licenses, city agencies are required to give “great weight” to ANC recommendations, according to the law creating the ANCs.

Kent Boese, a gay former ANC commissioner, currently serves as executive director of the D.C. Office of ANCs.

“We are launching the most ambitious hyperlocal LGBTQ+ candidate pipeline initiative in the country,” said Stevie McCarty, the Capital Stonewall Democrats president, in a July 7 statement that announced the Queering ANCs campaign.

“As an ANC member, I know firsthand how these seats shape our neighborhoods, from housing and public safety to sanitation,” McCarty says in the statement. “I’m proud to lead this effort to ensure more LGBTQ+ Washingtonians see themselves as leaders in their communities,” he said.

The ANC Rainbow Caucus, which was created by LGBTQ ANC members, shows on its website that there are currently 38 caucus members consisting of elected LGBTQ ANC commissioners serving in the current 2025-2026 two-year term.  

The website shows there are LGBTQ commissioners who are caucus members in each of the city’s eight wards, with six in Ward 1, eight in Ward 2, one in Ward 3, six in Ward 4, five in Ward 5, three in Ward 6, eight in Ward 7, and one in Ward 8.

The Washington Blade couldn’t immediately determine how many of them will be running for re-election in D.C.’s general election in November. But McCarty said Capital Stonewall Democrats hopes to recruit many more LGBTQ candidates to run for ANC seats.   

The D.C. Board of Elections website shows the deadline for filing 25 required petition signatures to be placed on the ballot is Aug. 5.

A Queering ANCs website launched this week by Capital Stonewall Democrats provides details on how to run for an ANC seat and offers help for those interested in running.

“Think of someone in your building, neighborhood, friend group, community organization, or professional network who cares deeply about D.C. and would make a strong leader,” McCarty says in his statement. “Send them QueeringANCs.org and personally ask them to consider running,” he said.

The website can be accessed at QueeringANCs.org.

Continue Reading

Florida

Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term

State’s 20th Congressional District’s includes Broward, Palm Beach Counties

Published

on

Elijah Manley (Photo courtesy of the Elijah Manley campaign)

Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.

Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.

Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.

For Manley, those experiences are precisely what he believes Congress is missing.

“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”

Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.

“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”

He argues that lived experience offers a perspective often missing on Capitol Hill.

“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”

According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.

“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.

Elijah Manley (Photo courtesy of the Elijah Manley campaign)

As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.

“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”

His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.

Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.

“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”

His personal experiences also inform his healthcare agenda.

“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”

California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.

Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.

Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.

“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.” 

Continue Reading

Baltimore

Ron Singer, owner of popular Mount Vernon gay bar Leon’s, dies

66-year-old’s funeral to take place Friday

Published

on

Leon’s Backroom Bar in Mount Vernon. (Photo by Jessica Gallagher for the Baltimore Banner)

By CAYLA HARRIS | Ron Singer, the owner of Baltimore’s popular gay bar Leon’s Backroom, died Tuesday, the venue announced in a social media post. He was 66.

“For more than 20 years, Ron made Leon’s a place so many people were proud to call home,” the post reads. “He will be deeply missed.”

The Mount Vernon bar, typically open from 4 p.m. to 2 a.m. daily, is still open Thursday, but doors will close at midnight so staff can attend his funeral Friday morning. Services are scheduled to begin at 9:30 a.m. at Sol Levinson’s Chapel.

The rest of this article can be read on the Baltimore Banner’s website.

Continue Reading

Popular