News
Nevada AG invokes bigamy, incest to defend marriage ban
State interest is ‘to protect and perpetuate traditional marriage’
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.
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.”
White House
White House press pool pushes back after Trump bars three outlets
As President Trump refuses entry to outlets he deems unreasonable, lawsuits have been filed to regain access to the West Wing
Past the first checkpoint to get into the White House, multiple carts filled with camera equipment sat along a fence. Wagons loaded with tripods, cables, mics, and cameras sat just past where they normally would be working at full power. Today, they were turned off and packed away.
Last week, President Donald Trump decided to bar CNN, MS NOW and POLITICO from the White House following reporting he considers “FAKE NEWS.”
Trump, in a post on Truth Social on Monday morning, described his move as “instituting an assault on the FAKE NEWS,” which he said has “grown like Cancer in our beloved United States of America.”
“It is corrupt, purposeful, pervasive, fully coordinated, and totally out of control,” he wrote on the social media site he owns. “It is a threat to our National Security, and must be stopped, NOW!”
As a result, all of the major television networks that comprise the television press pool — ABC, CBS, NBC, CNN, and Fox News — suspended their White House TV pool coverage. They decided to no longer send camera crews to cover President Donald Trump’s events.
“The public has a vital interest in receiving accurate, independent information about its government,” the five White House TV pool networks said in a joint statement Monday. “No administration should restrict a news organization because it objects to its reporting.”
POLITICO, CNN and MS NOW filed a lawsuit Monday to immediately restore access for their reporters, who had their credentials confiscated by the Secret Service.
In the White House, there was a noticeable shift in the atmosphere. The Washington Blade is the only LGBTQ news outlet that is part of the White House Press Pool, and was acting as the primary print pooler as the situation unfolded on Monday.
Whispers about who might be kicked from the press pool next could be heard both in the press area of the West Wing, as well as outside the part of the White House dedicated to filming the president’s office. The area where TV stations normally film their live shots of the White House while reporting looked less busy than a normal Monday — especially as the president made his way to New York City ahead of the UN General Assembly meeting this week.
CNN’s outdoor filming area, which is staffed nearly at all times, sat dark with a green cover over the space that normally houses its cameras and political reporters like Kaitlan Collins.
There were small signs of solidarity from other outlets in the press office. A sign that has hung outside one of the news offices in the West Wing was updated. It originally read, “WE STAND WITH AP” following President Trump’s first attempt at removing a news outlet he deemed unfavorable. It now includes “I STAND WITH AP CNN MSNOW POLITICO.”
The change could also be felt as the press pool attempted to cover the president.
There was a ribbon cutting in honor of the $6 million helipad installed at Trump’s behest — which had nearly no audio as a result of fewer microphones in the space following the outlets’ removal on Monday afternoon, and partly because of the loud sound of Marine One.
Vice President JD Vance defended Trump when asked about the changes to TV access at the White House, standing with the president despite this likely being a violation of the First Amendment’s guarantee of a free and fair press.
“He’s not banning media outlets. What he’s doing is saying we’re not going to give you special access to the White House if you engage in what is effectively propaganda,” Vance said, alleging that 92% of the stories from CNN, MS NOW and Politico about Trump are “negative.”
“That’s not representative of the American people. It’s not representative of public opinion,” Vance said.
He pushed back on the notion that this is a hindrance on free speech — claiming access to the president through White House visitation is a privilege — a privilege that in this administration, at least until courts weigh in, could change the landscape of the American media system.
“It’s about basic fairness. They can still report. They still have the access to free speech. They’re just not going to get an office in the White House anymore,” Vance said.
Jacqui Heinrich, the White House Correspondents Association President condemned the president’s actions in restricting media access in a statement sent to WHCA members on Saturday.
“Today’s action revoking access for journalists from CNN, POLITICO, and MSNOW violates the First Amendment. The implications extend beyond these organizations: a standard used to exclude one news outlet because of its coverage could be applied to any outlet in the future.
“The American people, through a free and independent press, must be able to scrutinize those elected to power, regardless of whether government officials view it favorably. That’s why courts have repeatedly held that once the White House provides access to journalists, it cannot deny that access arbitrarily or based on the content of their reporting. The WHCA calls on the administration to immediately restore our colleagues’ access.”
National
Long-time DignityUSA executive director announces retirement
Marianne Duddy-Burke has been with LGBTQ Catholic group for decades
The executive director of the world’s oldest LGBTQ Catholic organization has announced she will retire once her successor has been chosen.
Marianne Duddy-Burke has been with DignityUSA for more than four decades. She has been the group’s executive director since 2007.
DignityUSA announced Duddy-Burke’s retirement on Sept. 17.
Duddy-Burke during her tenure has urged the Vatican to do more to welcome LGBTQ Catholics. She has also, among other things, championed marriage equality and advised the State Department on LGBTQ-specific issues. (The Trump-Vance administration’s decision to freeze nearly all U.S. foreign aid shortly after it took office in January 2025 has had a devastating impact on the global LGBTQ and intersex rights movement and efforts to fight HIV/AIDS around the world. A report that Outright International released earlier this month notes 90 percent of LGBTQ and intersex rights groups around the world have lost funding since 2025.)
Duddy-Burke met with Pope Francis in 2023.
She traveled to Rome in 2025 for the papal conclave to choose the Argentine-born pope’s successor. Pope Leo XIV, who was born in Chicago, succeeded Francis.
DignityUSA in the press release that announced Duddy-Burke’s retirement notes she expressed “particular appreciation to people who spoke honestly about the reality of being a queer Catholic or family member.”
“I have been inspired every day by your stories and have done my best to lift them up,” said Duddy-Burke. “It is your lives, your faith, your struggles, your hopes that I have strived to reflect in my work, and doing this has been a great honor.”
DignityUSA President Meli Barber praised Duddy-Burke.
“It is almost impossible to sum up the scope and depth of Marianne’s achievements and contributions to DignityUSA over her more than four decades of service,” said Barber. “Under her wisdom and leadership, DignityUSA has only grown in stature as an advocate for LGBTQIA+ Catholics and as a visionary thought leader for LGBTQIA+ ministry and spirituality.
“Marianne has been more than an extremely able executive director,” added Barber. “Her care for and ministry to chapters, her deep personal relationships with countless Dignity members, her connections to LGBTQIA+ Catholics around the world, the relationships she has built with other progressive Catholic organizations, her skill as a public representative, the respect with which she is universally regarded, and her tireless devotion to service all leave an indelible mark. It is not an exaggeration to say that she has shaped not only Dignity but a generation of LGBTQIA+ Catholics.”
Barber said DignityUSA will “soon begin a search for a new executive director.” Barber added Duddy-Burke “will assist with the transition.”
District of Columbia
Over 2,000 turn out for Hands Around the Kennedy Center protest
Drag performer Tara Hoot serves as MC, Gay Men’s Chorus of DC performs, attendees shout for Trump to keep ‘hands off’ Kennedy Center
More than 2,000 supporters of the John F. Kennedy Center for the Performing Arts turned out on Sept. 18, for a rally in support of the performing arts center and a vocal protest against President Donald Trump’s threats to permanently close the center and possibly demolish it.
The event was organized by a group called Hands Off the Arts, which initially called for participants to form a “human chain” around the Kennedy Center’s main building following a rally on the plaza in front of the building.
However, due to a decision by the Trump-controlled Kennedy Center’s board of trustees to close the center earlier in the week and install fencing around part of the building, participants could only form the chain around part of the building, according to organizers.
Drag performer Tara Hoot, who co-organized the event and served as master of ceremonies for the rally preceding the “human chain,” said the large turnout could have fully surrounded the building at least twice had the fencing not prevented a full encirclement.
Among the musicians and singing groups that performed at the rally was the Gay Men’s Chorus of Washington, which, like other rally performers, had performed at the Kennedy Center in past years. They drew loud applause after singing one of their favorite songs from the Broadway musical show Ragtime, which includes the lyrics, “Will justice be demanded by 10 million men? Make them hear you. When they hear you, I’ll be near you again.”
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Prior to their performance, Gay Men’s Chorus of Washington’s artistic director, Thea Kano, spoke at the rally, reminding participants that shortly after the Trump takeover of the center last year, Kennedy Center officials cancelled a concert the chorus was scheduled to perform there for World Pride 2025.
A Kennedy Center spokesperson said the cancellation was due to a scheduling conflict, but chorus members and LGBTQ activists believe it resulted from policies put in place by Trump and his leadership team at the Kennedy Center following Trump’s statements that he would end controversial “woke” performances that he claimed the majority of Americans disapprove of.
“Now this building sits empty in silence,” Kano told the crowd at the rally. “Let us raise our voices together and bring back the Kennedy Center as it was intended, a place where American culture could be celebrated and elevated, embracing the vibrancy with the spectrum of identify without censure and without politics,” she said.
Among the others who spoke at the rally were U.S. Rep. Don Beyer (D-Va.), U.S. Rep. Jonathan Jackson (D-Ill.), and D.C. Councilmember Robert White (D-At-Large).
Most speakers, along with LGBTQ participants in the hands-around-the-building event expressed strong opposition to Trump’s demand that the Kennedy Center name be changed from the John F. Kennedy Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.
At Trump’s request, his appointed board initially made that name change and placed Trump’s name on the front wall of the building along with the Kennedy name. But following legal action taken by opponents who pointed out that Congress must approve such a name change, a judge ordered the removal of Trump’s name from the building. Trump has said he will take steps to reverse that order and has said he will stop plans to renovate the Kennedy Center building and possibly demolish it if his name is not restored in the Kennedy’s Center’s official name.
Throughout the Sept. 18 rally, LGBTQ participants repeatedly responded to the Trump threats by shouting, “Hands Off!”
Chris Raleigh, one of the founders of Hands Off the Arts and a lead organizer of the Sept. 18 event at the Kennedy Center who spoke at the event told the Washington Blade that more similar events are being planned and he welcomes the support the event has received from the LGBTQ community.
“The LGBTQ community was here first, and we’re following them,” he said. “They’ve been the spearhead; they’ve been the vanguard. And I’m so thankful for heroes like Tara Hoot,” he said, adding, “It’s because they know what it means and how this is a safe place – the theater – for many LGBTQ people.”
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