News
Nevada AG invokes bigamy, incest to defend marriage ban
State interest is ‘to protect and perpetuate traditional marriage’
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.”
Brazil
Lula, Flávio Bolsonaro to face off in second round of Brazilian presidential election
Neither man received at least 50 percent of the vote on Sunday
SÃO PAULO — President Luiz Inácio Lula da Silva will face off against Sen. Flávio Bolsonaro in the second round of Brazil’s presidential election on Oct. 25 after neither man received more than 50 percent of the vote in the first round that took place on Sunday.
Bolsonaro was ahead of Lula by a 47.26-44.89 percent margin with 98.65 percent of the vote counted.
Lula in 2022 defeated Bolsonaro’s father, then-President Jair Bolsonaro, in that year’s presidential election.
The Brazilian Supreme Court last year sentenced Bolsonaro — who repeatedly targeted LGBTQ Brazilians and other groups while in office — to more than 27 years in prison for his role in an attempted coup that saw thousands of his supporters storm the Congress, presidential palace, and the Supreme Court itself on Jan. 8, 2023. Bolsonaro is currently serving his sentence at his home in Brasília, the country’s capital, because of his poor health. His son has pledged to pardon him if he becomes the country’s next president.
Lula, who leads Brazil’s leftist Workers’ Party, was Brazil’s president from 2003-2010.
Sergio Moro, a judge who Jair Bolsonaro later tapped as his government’s Justice and Public Security Minister, in 2017 sentenced Lula to 9 1/2 years in prison after his conviction on money laundering and corruption charges that stemmed from Operation Car Wash.
The Supreme Court in November 2019 ordered Lula’s release.

VoteLGBT, an organization that seeks to increase LGBTQ representation in Brazilian politics, noted 529 openly LGBTQ candidates ran in this year’s election. More than 100 of them are either transgender or travesti.
The Washington Blade will cover the results of these races when they become available.
U.S. Federal Courts
Renee Good’s family files two federal lawsuits
ICE officer killed lesbian mother of three in Minneapolis in January
The family of lesbian woman who a U.S. Immigration and Customs Enforcement killed in Minneapolis in January have filed two federal lawsuits.
The Associated Press notes Renee Good’s partner, Becca Good, and her brother, Brent Ganger, in the lawsuits accuse the Trump-Vance administration and ICE officer Jonathan Ross of “unjustified and excessive use of force.”
Renee Good was a 37-year-old mother of three.
Ross on Jan. 7 shot and killed her in Minneapolis.
The shooting took place during the Trump-Vance administration’s so-called Operation Metro Surge that targeted Somalis and other immigrant groups in Minneapolis. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the U.S. Department of Veterans Affairs, in Minneapolis.
Both shooting sparked outrage across the U.S. and around the world.
“Every morning, she is my first thought. I think about how the kids are growing up without their mama, and how I will grow old without the love of my life. I think about how we should have had 40 more years together. But I also think about what she would have wanted after all of this,” said Becca Good in a statement the Human Rights Campaign released after she and her partner’s family announced the lawsuits.
“As we have tried to navigate our own massive loss, I am also devastated by how many other lives have been destroyed in this darkest of times. So many other families are dealing with the loss of their loved ones; to everyone who has had to witness it — the pain of this moment extends far beyond our family,” added Becca Good. “What happened to us should never happen to any family. No child should grow up without a parent because of it. No one should lose their sister or their daughter. No one should have to live without their soulmate. Accountability — real accountability — is the only way to make sure that no other family has to go through what we have.”
HRC President Kelley Robinson in her own statement said the Good family “is one of our own — and today, the Human Rights Campaign joins them in demanding justice.”
“It has been eight months and 24 days since Renee was shot and killed by an ICE agent, and the United States government has failed to take responsibility for its actions,” said Robinson. “Her partner, Becca, and brother Brent, have made the brave and bold decision to hold the government accountable, and we stand with them. Like every person murdered by ICE, Renee should be alive today. The Goods were robbed of what every American family deserves: to be together.”
Turkey
House Democrats urge White House to confront Turkish government over anti-LGBTQ crackdown
More than 60 lawmakers signed letter to Secretary of State Marco Rubio
More than 60 House Democrats on Thursday called upon the Trump-Vance administration to confront the Turkish government over its anti-LGBTQ crackdown.
Turkish authorities last month detained dozens of people during raids that targeted the country’s LGBTQ community, advocacy groups, and HIV/AIDS service organizations. Journalists were among those taken into custody outside an Istanbul courthouse on Sept. 15 during a protest against the raids that are part of the government’s “My Family Is Safe” campaign.
Council for Global Equality is among the groups that organized a protest outside the Turkish Embassy in D.C. on Sept. 18.
View on Threads
U.N. High Commissioner for Human Rights Volker Türk on Sept. 21 during a U.N. LGBTI Core Group event that took place on the sidelines of the U.N. General Assembly specifically referenced Turkey.
The Core Group is a group of U.N. member states that have pledged to support LGBTQ and intersex rights.
The U.S. withdrew from the Core Group after the Trump-Vance administration took office. The White House has not publicly commented on Turkey’s anti-LGBTQ crackdown.
“These developments warrant an urgent diplomatic response from the United States to protect the rights of freedom of expression, association, and assembly for all Turkish citizens, regardless of their sexual orientation or gender identity,” reads the letter the lawmakers sent to Secretary of State Marco Rubio. “We therefore urge you to use all available channels to raise these concerns directly with the Turkish government; press for the immediate release of those arrested and detained for their legitimate human rights activities; and ensure that the U.S. Embassy in Ankara closely monitors related judicial proceedings.”
“We further urge the Department to press Turkish authorities to cease efforts to criminalize LGBTQI+ organizations and advocacy and to affirm the right of all people to peacefully assemble,” it adds.
Arizona Congresswoman Yassamin Ansari and U.S. Rep. Dina Titus (D-Nev.) spearheaded the letter. House Speaker Emerita Nancy Pelosi (D-Calif.); House Foreign Affairs Ranking Member Gregory Meeks (D-N.Y.); Del. Eleanor Holmes Norton (D-D.C.); Delaware Congresswoman Sarah McBride, and U.S. Rep. Mark Takano (D-Calif.), who chairs the Congressional Equality Caucus, are among the 65 House Democrats who signed the letter.
“The United States must be a leader in defending human rights and what is happening in Turkey demands an urgent diplomatic response. It’s absolutely appalling to see LGBTQI+ people and the organizations that stand up for their rights be targeted by the (President Recep Tayyip) Erdogan regime,” said Ansari in a press release. “I stand proudly with the LGBTQI+ community here and abroad and will continue to fight for their right to live openly, freely, and without fear, anywhere and everywhere.”
The press release notes the Human Rights Campaign, the Council for Global Equality, and the Planned Parenthood Federation of America support the letter.
“Turkey’s attacks on its LGBTQI+ community are a disturbing reminder that the fight for equality and human rights does not stop at our borders. No one should be silenced or detained for simply being who they are or peacefully demanding dignity and freedom,” said HRC Government Affairs Senior Director Jennifer Pike Bailey. “We are grateful to Representatives Ansari and Titus for recognizing that the fight for LGBTQI+ equality is global and that, even amid the many challenges facing our community here at home, we cannot turn our backs on LGBTQI+ people facing persecution abroad.”
A State Department spokesperson on Friday told the Washington Blade that “as a matter of policy, we do not comment on congressional correspondence.”
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