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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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United Kingdom

UK government makes trans-inclusive conversion therapy ban a legislative priority

King Charles III on Wednesday delivered King’s Speech

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(Photo by Rob Wilson via Bigstock)

King Charles III on Wednesday said a transgender-inclusive ban on so-called conversion therapy in England and Wales is among the British government’s legislative priorities.

“My government will bring forward a bill to speed up remediation for people living in homes with unsafe cladding [Remediation Bill] and a draft bill to ban abusive conversion practices [Draft Conversion Practices Bill],” said Charles in his King’s Speech that he delivered in the British House of Lords.

The government writes the King’s Speech, which outlines its legislative agenda. The British monarch delivers it at Parliament’s ceremonial opening.

“Conversion practices are abuse, and the government will deliver the manifesto commitment to bring forward a trans-inclusive ban on conversion practices,” said the government in an addendum to the speech.

Then-Prime Minister Theresa May’s government in 2018 announced it would “bring forward proposals to end the practice of conversion therapy in the U.K.”

Then-Prime Minister Boris Johnson’s government in 2022 said it would support a ban that did not include gender identity. The decision sparked outrage among British advocacy groups, and prompted them to boycott a government-sponsored LGBTQ conference that was ultimately cancelled.

Prime Minister Keir Starmer’s Labour Party ahead of the 2024 elections included a conversion therapy ban in its manifesto. Charles delivered the King’s Speech against the backdrop of growing calls for Starmer to resign after the Labour Party lost more than 1,000 council seats in local and regional elections that took place on May 7.

Stonewall, a British advocacy group, on April 30 said the government “has failed to meet its own timeline to publish a draft bill to ban conversion practices.”

“We should not have to wait any longer,” said Stonewall CEO Simon Blake in his group’s statement. “Conversion practices are abuse. LGBTQ+ people do not need fixing or changing. They need to hear and feel that government is going to protect their safety and dignity. Not at some random date in the future. No more delays.”

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Commentary

‘Live Your Pride’ is much more than a slogan

Waves Ahead forced to cancel May 17 event in Puerto Rico

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(Courtesy image)

On May 5, I spoke by phone with Wilfred Labiosa, executive director of Waves Ahead, a Puerto Rico-based LGBTQ community organization that for years has provided mental health services, support programs, and safe spaces for vulnerable communities across the island. During our conversation, Labiosa confirmed every concern described in the organization’s public statement announcing the cancellation of “Live Your Pride,” an event scheduled for Sunday in the northwestern municipality of Isabela. But beyond the financial struggles and organizational challenges, what stayed with me most was the emotional weight behind his words. There was pain in his voice while describing what it means to watch spaces like these slowly disappear.

This was not simply the cancellation of a community event.

“Live Your Pride” had been envisioned as a celebration and affirming gathering for LGBTQ older adults and their allies in Puerto Rico. In a society where many LGBTQ elders spent decades hiding parts of themselves in order to survive, spaces like this carry enormous emotional and social significance. They become places where people can finally exist openly, without fear, apology, or shame.

That is why this cancellation matters far beyond Isabela.

What is happening in Puerto Rico cannot be separated from the broader political climate unfolding across the U.S. and its territories, where programs connected to diversity, inclusion, education, mental health, and LGBTQ visibility increasingly find themselves under political attack. These changes do not always arrive through dramatic announcements. More often, they happen quietly. Funding disappears. Community organizations weaken. Safe spaces become harder to sustain. Eventually, the absence itself begins to feel normal.

That normalization is dangerous.

For years, organizations like Waves Ahead have stepped into gaps left behind by institutions and governments, particularly in communities where LGBTQ people continue facing discrimination, social isolation, economic instability, and mental health struggles. Their work has never been limited to organizing events. It has involved accompanying people through loneliness, trauma, rejection, depression, aging, and survival itself.

“Live Your Pride” represented much more than entertainment. It represented visibility for LGBTQ older adults, many of whom survived decades of family rejection, religious exclusion, workplace discrimination, violence, and silence. These are individuals who came of age during years when living openly could cost someone employment, housing, relationships, or personal safety. Many learned to survive by making themselves invisible.

When spaces like this disappear, something deeply human is lost.

A gathering is canceled, yes, but so is an opportunity for healing, connection, recognition, and dignity. For many LGBTQ older adults, especially in smaller municipalities across Puerto Rico, these events are not secondary luxuries. They are reminders that their lives still matter in a society that too often treats aging and queer existence as disposable.

There are still political and religious sectors that portray the rainbow as some kind of ideological threat. But the rainbow does not erase anyone. It illuminates people and stories that society has often tried to ignore. It reflects the lives of young people forced out of their homes, transgender individuals targeted by violence, older adults aging in silence, and families that spent years defending their right to exist openly.

Perhaps that is precisely why the rainbow unsettles some people so deeply.

Its colors expose abandonment, hypocrisy, inequality, and fear. They force societies to confront realities that are easier to ignore than to address honestly. They reveal how fragile human dignity becomes when political agendas decide that certain communities are no longer worthy of protection, funding, or visibility.

The greatest concern here is not solely the cancellation of one event in one Puerto Rican town. The deeper concern is the message quietly taking shape behind decisions like these — the idea that some communities can wait, that some lives deserve fewer resources, and that safe spaces for vulnerable people are expendable during moments of political tension.

History has shown repeatedly how social regression begins. Rarely with one dramatic act. More often through exhaustion, silence, budget cuts, and the slow dismantling of organizations doing essential community work.

Even so, Waves Ahead made one thing clear in its statement. Although “Live Your Pride” has been canceled, the organization will continue providing mental health and community support services through its centers across Puerto Rico. That commitment matters because people do not survive on slogans alone. They survive because somewhere there are still open doors, trained professionals, supportive communities, and people willing to remain present when the world becomes colder and more hostile.

Puerto Rico should pay close attention to what this moment represents. No healthy society is built by weakening the organizations that care for vulnerable people. No government should feel comfortable watching community groups struggle to survive while attempting to provide services and compassion that public institutions themselves often fail to offer.

The rainbow has never been the problem.

The real problem is the discomfort created when its colors force society to confront the wounds, inequalities, and human realities that too many people would rather keep hidden.

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Rehoboth Beach

What’s new in Rehoboth Beach for summer 2026

Moon changes ownership, Market 59 debuts, and much more

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The beach beckons in Rehoboth. (Blade file photo by Daniel Truitt)

Another year and Rehoboth Beach, Del., is ready for the new summer season. The crowds will come for sun, sand, surf, and the boardwalk. It will cost a little more to get to the beach this year, as gas prices are way up. But once you are in Rehoboth, you know it’s worth it. 

One aesthetic change you’ll notice at the boardwalk is the installation of a security gate and bollards near the bandstand, intended to enhance security during large events. The town plans an expanded fireworks show for July 4 to honor the nation’s 250th birthday. 

Most of the commercial establishments in Rehoboth are along and between three blocks: Baltimore Avenue, Rehoboth Avenue, and Wilmington Avenue. This column will seem like I am walking back and forth because I am, and you will too. One thing to remember: Parking in Rehoboth is difficult and expensive and free parking is over as of May 15. There are parking permits available for either a day or longer at the non-metered spots.

During more than 40 years that I have been going to Rehoboth, including more than 30 owning a place in Sussex County, I have witnessed the town transform from a summer vacation spot to a vibrant, year-round community. This was hastened by the COVID pandemic, when lots of people moved to the beach when they could work virtually. Others, reaching retirement age, decided the beach was the place to be. This influx of residents has given many businesses a reason to stay open year round.

Over the years, Rehoboth has become a real foodie town, with many more restaurants, many of them high-end, opening. There are local gay-led restaurant groups like the award-winning Second Block Hospitality Group, which operates The Pines, Bodhi Kitchen, and Drift. Another group, JAM Holdings, owns Eden, which relocated to Route 1 in January after 20 years on Baltimore Avenue; and Jam, which is expected to reopen on Rehoboth Avenue later this year after leaving its Wilmington Avenue location that was demolished over the winter. That building was home to several beloved restaurants over the decades, including Chez la Mer and Azzurro. 

Among the new businesses this year, be sure to stop at the gay-owned Bay Laurel Home and Garden, located at the old Farmer Girl site on Route 1 for your gardening needs. The Waypoint Hotel opened in December on Rehoboth Avenue, site of the former gay-owned Shore Inn.

Another of the newbies is the upscale Market 59 on Baltimore Avenue. The owners plan to add a restaurant and bar before July 4 called Fifty-Nine. The market offers grab-and-go options for the beach plus homemade breads and pastries, produce, and seafood. Then there is the renamed Frankie and Louie’s across the street, now called Pazzo Italiano. Still the same great takeout and now hooked up with The Pines leading to some new menu items. Then I hear there will also be a new Champagne Bar opening soon on Baltimore Avenue. 

Then there are the established and stellar standbys, including the Back Porch, on Rehoboth Avenue; Megan Kee’s restaurants La Fable, Houston White, and Dalmata; and the restaurants on Wilmington Avenue, including Mariachi, Salt Air, and Henlopen Oyster House, where you can sample the Rehoboth Rose oysters from the gay-owned Nancy James Oysters. Then on 1st Street there is Goolee’s Grill for a comforting breakfast and Bloody. Walk up the second block of Rehoboth Avenue and you reach the Purple Parrot and its ever-popular Biergarten.

The iconic Blue Moon restaurant and bar was recently sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan. Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1. “They don’t want to change a thing,” Ragan told the Blade. Happy hour continues all summer long from 4-6 p.m.

For morning coffee nothing beats The Coffee Mill, in the mews between Rehoboth and Baltimore Avenue, where I can be found every morning I am at the beach. The owners, Mel and Bob, also own the Mill Creamery ice cream shop, and another Coffee Mill in Dewey Beach. Mel is proud of his clothing store BRASHhh on 1st Street. On the Rehoboth Avenue side of the mews is the beloved Browseabout Books where you can find a beach read, grab a coffee, and shop for everything from toys to home decor. A few doors away on Rehoboth Avenue is the fun Gidgets Gadgets.

My favorite place for happy hour is Aqua Bar & Grill for good drinks, food, and service. Say hi to Katie Lyell behind the bar at Aqua, winner of the Blade’s Best Of Award for Best Rehoboth Bartender. Aqua, which is celebrating its 20th anniversary this year, hosts Taco Tuesdays and half-price burgers on Thursdays, all on the spacious outdoor deck. While you are on Baltimore Avenue make sure to stop by CAMP Rehoboth, the LGBTQ community center. Pick up your copy of Letters and take a peek at the art exhibit in their offices. Maybe even say hello to the new executive director, Robin Brennan, Ph.D. I had the chance to stop in and meet her and my congratulations to the board. I think they made a great choice for executive director and the organization is clearly in good hands. Then stop in the CAMP Courtyard, and get something to eat at Loris Oy Vey café, celebrating her 30th season, and still the best chicken salad at the beach. Visit the newly relocated Gallery 50 on Baltimore Avenue, which moved from Wilmington Avenue. Then stop in at Elegant Slumming, also on Baltimore Avenue, say hi to Philip, and shop his exquisite jewelry, and some great artwork. If you have a pet and want to treat them to something nice, stop by Critter Beach on Rehoboth Avenue.

After a day in the sand, and a good dinner, there is the nightlife. Diego’s on Rehoboth Avenue Extended hosts regular entertainment, including drag shows and internationally renowned DJs. A new partially enclosed patio offers an expanded space to hang out. Don’t miss their Sundays with local icon Pamala Stanley, now in her 21st season at the beach; in addition to her Sunday dance party, she performs her “Piano Pam” show on Monday evenings. Then there is always fun at Freddies Beach Bar, on 1st Street with its video bar and regular entertainment. Clear Space Theatre on the first block of Baltimore Avenue has a busy summer of shows including “The Cher Show”(June 23-Aug. 27), “Mean Girls” (June 26-Aug. 29), and “Pretty Woman” (July 1-Aug. 25). Clear Space always hosts talented casts including many college students who are getting their first chance to shine. Some come back when they are a little more established. This year that includes Caetano de Sá who first performed at the beach in “Jersey Boys” when he was a student at the Boston Conservatory at Berklee, where he earned his BFA in musical theater. He will be back as of May 25 for the summer rep to play Sonny in the production of “The Cher Show,” Martin/Coach Carr in “Mean Girls,” and Mr. Hollister in “Pretty Woman,” along with some cabarets. The incredibly talented Ashley Williams is also back in town and will host a cabaret show on Aug. 2. Tickets for all the shows are available online and they sell out fast. 

So, make your plans now to head to the beach. Stay a day, or a week, or more, in a hotel, or a rental house. But make those plans quickly, as things sell out fast in Rehoboth. Look forward to seeing you at the beach!

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