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

Africa

African leaders once again trade African family values for American family values

Anti-LGBTQ conference backed by US-based groups took place this month in Ghana

Published

on

(Photo by NASA)

At the moment, some religious and political leaders in Africa are pushing for a charter on family values, lobbying lawmakers, African state institutions, and the African Union to formally adopt it. In the past number of years, they have been holding conferences across Africa with the support and funding of Western religious donors who, in their own countries, are definitely perceived as racist, hateful, and against women. Most recently, they convened the African Regional Interparliamentary Conference on Family Values and Sovereignty in Accra, Ghana. All this raises critical questions about foreign influence and agendas. At this critical time, when Africa faces so many problems, why do people insist on pushing an agenda that is neither ours nor relevant to our prosperity?

The African leaders who claim to protect African family values and sovereignty, unsurprisingly, exhibit traits similar to those of the historical enslavers and similar collaborators. Contrary to what they claim as “pushing back against foreign influence on the African family” and the infamous sovereignty claims, it has been proven that these leaders are directly linked and backed by the conservative “foreign” groups, including the U.S.-based hate organization, Family Watch International, which is closely linked to the anti-rights authors of Trump’s Project 2025, Heritage Foundation; and the Netherlands-based Christian nationalist organization, Christian Council International, another group closely linked to organizations supporting the Trump administration and its continued hate-based policies and atrocities. One might even argue that they serve these groups, their mandates, and their Western agenda, instead of what they want African people to believe: that they are doing this for the good and prosperity of Africa and its sovereignty. The truth, however, is that their so-called African values, culture, traditions, etcetera, could not be further removed from true African cultural values but instead mimic those outlined in America’s Project 2025. Meanwhile, the very same people who are pushing for these family values under Project 2025 are the very same people pushing for the exploitation of Africa’s natural resources, without any care for the impact their actions have on African people and their livelihoods. Adopting their policies verbatim in Africa and claiming them as our own could easily be seen as counterintuitive and self-betrayal.

Africa’s rich history of family, diversity, womanhood, and matriarchy is too beautiful to erase. Africans, especially women and girls, deserve to know about the likes of Queen Modjadji of the Balobedu people, a fierce leader who is traditionally believed to have rainmaking abilities and notably a distinctively matriarchal dynasty where the reign is passed down from woman to woman, from mother to daughter; or Queen Nzinga of modern-day Angola, who led an army that resisted and fought against the Portuguese colonizers. Queer folks and African spiritualists alike deserve to know how women and gender diverse persons held some of the highest spiritual positions in society, like Mbuya Nehanda of Zimbabwe, who was a deeply respected spirit medium and a leader of the resistance against early colonial rule in Zimbabwe, and the transgender priests, the respected agule and okule, female-to-male and male-to-female shamans of the Lugbara, now the Democratic Republic of Congo and Uganda, who led spiritual ceremonies. Even though the mudoko dako of the Langi people in Uganda were known to have been assigned male at birth, they were recognized as a distinct gender that was allowed to marry men. Africans must also know about woman-to-woman marriages that existed in pre-colonial Africa, which, according to research and oral histories, were recognised and served various purposes, from economic and social functions to lineage preservation. Similar practices include those from the Bapedi and Balobedu cultures, ngwetsi ya lapa, which still exists today, where a woman is married into a family or household to raise an heir for the family or to continue the family name, not necessarily the lineage. 

As well-intentioned as it may appear, evidence suggests that the African leaders’ draft charter, because of its existing ties to Western ultraconservative partnerships, is neither original nor in good faith. The pace at which they have been moving and their true subsequent agenda should indisputably be questioned and criticised. Regardless of the inclusion of desirable language and terms such as minerals sovereignty and the Ubuntu philosophy, beneath the surface, the charter does not truly reflect these concepts. The charter, instead, does a disservice to African people by misrepresenting Africa’s diversity and disregarding its history as it relates to the diversity of families. The West has no business drafting or helping draft African legislation, especially if the whole of Africa is at risk of their negative impact. One would think the common goal would be to address bread-and-butter issues, such as poverty, unemployment, diseases, and health, to name but a few, instead of pushing the distractive agenda of those responsible for robbing Africa in the first place. No single group is the sole custodian of African knowledge. Africa belongs to all of us, with our diverse families and values, which cannot be defined through a single, narrow lens and are instead very individual issues that will differ from family to family. 

Daniel Digashu is a consultant at the Southern Africa Litigation Center (SALC). SALC promotes and advances human rights and the rule of law in Southern Africa, primarily through strategic litigation and capacity-strengthening support to lawyers and grassroots organizations.

Continue Reading

Delaware

Del. AG Jennings seeks third term touting LGBTQ support, decline in crime

‘To discriminate against trans children is child abuse’

Published

on

Delaware Attorney General Kathy Jennings (Photo courtesy Jennings campaign)

(Editor’s note: This is the second of a two-part report on the race for Delaware attorney general. For last week’s interview with Democratic candidate Dwayne Bensing, visit washingtonblade.com.)

Delaware Attorney General Kathy Jennings spoke to the Washington Blade to discuss why she should be elected to a third term. 

Born and raised in Wilmington, Del., Jennings’ career in criminal prosecution spans decades. Prior to being sworn in as Delaware’s attorney general in 2019, Jennings worked as a prosecutor under the Delaware Department of Justice for years before being named Delaware State Prosecutor.

As a prosecutor, Jennings worked to convict the serial killer responsible for the murders of five women in New Castle County. This case was the first that DNA analysis was used as evidence in a Delaware court.  

“My focus for years has been reducing violent crime in our state, in particular gun violence. Over the course of my tenure, we have seen a dramatic drop in violent crime,” said Jennings. 

According to the Criminal Justice Council, under Jennings’s leadership in 2024, Delaware saw its lowest violent crime rate on record

“We are seeing violent crime going down to historic lows in the state of Delaware, and in particular in our largest city, the city of Wilmington,” said Jennings. 

At the end of 2023, homicides had decreased in Wilmington by more than 50% and shootings in Dover had declined by 23%. Additionally, the state’s prison population fell by nearly 25% since 2019 and the recidivism rates declined by 60%. 

Jennings explained “This job takes commitment, dedication, and lots of experience in the criminal justice system, because it’s our job to make sure that the criminal justice system is fair and equal to everyone.”

Within her efforts to reduce violent crime, Jennings said that she has especially focused on fighting gun violence. 

“I have made a priority in my administration to go after the gun lobby and to make sure that the state of Delaware has gun safety laws that are effective in reducing violent crime and that also are effective in protecting people, most especially our children,” she said.

“The No. 1 cause of death for children in our country are guns, and as long as that’s the case, my work is not done,” she added. 

Jennings said that she wants to protect children in particular from gun violence and that this fight remains a work in progress.

“We are beating the gun lobby in the legislature and in the courts, and we are seeing dramatic results in terms of reductions in gun violence that takes a lot of work that is ongoing,” said Jennings. 

Fighting the Trump administration remains an integral part of Jennings’s work as attorney general, as she has sued the Trump administration more than 40 times

“The Trump administration’s lawsuits could have cost Delaware almost a billion dollars in federal funds if we had succumbed to their extortionist threats, and we didn’t do that.” said Jennings. 

“We sued opioid manufacturers and distributors, getting $250 million to this state to fight addiction as a result of that. We will continue to do all the work that Delawareans expect us to do,” said Jennings. 

“We’re successful, and we’re going to continue to be successful,” Jennings said regarding her legal battles with the Trump administration.

In terms of support for the LGBTQ+ community, Jennings has previously sued HHS for discriminating against transgender Delawareans

Last summer, Jennings sent a letter to Nemours Children’s Hospital imploring them to reconsider its decision to stop providing gender-affirming care services to new transgender youth patients. Her primary opponent, Dwayne Bensing, criticized this letter for not being strong enough in protecting the trans community. 

The Blade asked Jennings about how she plans to continue to be an ally to the LGBTQ+ in a third term. She responded by saying: “We need to keep fighting to ensure that there are constitutional amendments that further protect children and protect marriage equality in our state, and we’re fighting to make sure those amendments are on the way.”

“To discriminate against trans children, in my mind, is child abuse. That’s what we’ve been fighting in the courts,” said Jennings. 

Jennings emphasized the importance of protecting LGBTQ+ youth by noting, “Our children deserve an environment where they are treated with compassion and equality.”

“It’s going to take a very strong attorney general who knows what she is doing to continue this fight,” said Jennings. 

The Blade also asked Jennings about her oversight of the restructuring of OpenAI. Originally founded as a nonprofit corporation in Delaware in 2015, OpenAI announced its goal to transition to a for profit corporation in May of 2025

“It is the duty of the attorney general to ensure that a corporation is fulfilling its charitable purpose,” said Jennings. “OpenAI’s charitable purpose is to use it to benefit all of humanity. That’s a big mission.”

Jennings worked closely with California Attorney General Rob Bonta to oversee OpenAI’s transition from nonprofit to for profit. 

“We got deeply involved in Open AI’s restructuring process to make sure the charitable corporation would be capitalized well to fulfill their mission of benefiting humanity and that they would prioritize safety. Those two goals were achieved.”

The restructuring process was approved by Jennings and Bonta in October of 2025. They appointed three independent directors to oversee OpenAI’s actions. “These three are independent directors who report to us several times a year,” said Jennings.

“We achieved a far superior result, because we are in the boardroom, we’re able to see what [OpenAI] is doing.”

“We have the full ability to go after OpenAI if they don’t fulfill our urges and we get the ability to oversee them on an ongoing regular basis,” said Jennings.

Jennings reiterated her desire to continue her work as attorney general: “These fights have to continue uninterrupted by people who know what they’re doing.”

“It is an honor and a privilege to have been voted in by Delawareans these last two terms, and I’m asking them to put me in again. I’m fighting hard,” said Jennings.  

The primary election for Delaware attorney general is Sept. 15. 

Continue Reading

Nepal

Nepalese Supreme Court issues landmark marriage equality ruling

Same-sex couples since 2023 allowed to marry under ‘temporary registration system’

Published

on

The Nepalese Supreme Court (Photo by TK Kurikawa/Bigstock)

The Nepalese Supreme Court on June 18 ruled the country must extend full marriage rights to same-sex couples.

The Supreme Court in 2023 ordered the country’s government to allow same-sex couples to temporarily register their marriages, but this recognition did not guarantee full marriage rights to gays and lesbians.

“Since the Supreme Court’s landmark 2023 decision, dozens of same-sex couples have legally married in Nepal under a temporary registration system,” said the Blue Diamond Society, a Nepalese LGBTQ advocacy group, in a June 19 press release. “However, the lack of national legislation has created uncertainty and fear for couples who want to register their marriage.”

“Many couples have been denied marriage licenses by local clerks who claim there is no national law instructing them to register marriages of same-sex couples,” further noted the Blue Diamond Society. “Other couples have been forced to file legal cases and endure costly legal battles simply to register their marriage. And even among couples who have registered their marriages, there is concern that their marriages may not be respected when it comes to adoption, inheritance, and other important protections they need to care for their families.”

Thailand and Taiwan are among the countries that have extended full marriage rights to same-sex couples.

The Japanese Supreme Court in March said it will consider six marriage equality lawsuits. The South Korean marriage equality movement in recent years has gained momentum with several court rulings that recognized same-sex relationships.

The Blue Diamond Society in its press release notes the June 18 decision is the fourth time the Supreme Court has ruled in favor of marriage equality.

“Today is a day of celebration for LGBTQIA+ people and families across Nepal,” said Blue Diamond Society Executive Director Manisha Dhakal. “The Supreme Court has once again affirmed that same-sex couples deserve the same dignity, respect, and legal protections as any other couple.”

“We are grateful for the court’s continued leadership,” added Dhakal. “With a newly elected government more committed than ever to equality, now is the time to complete this important work by updating Nepal’s civil code and ensuring marriage equality is fully and clearly protected in law.”

Dhakal in the press release said the Blue Diamond Society “looks forward to working constructively with the government of Nepal, lawmakers, and civil society partners to ensure the court’s vision of equality is fully realized.”

“The Supreme Court has spoken clearly,” Dhakal said. “The government has expressed its support for equality. We are encouraged by that commitment and urge Parliament to act swiftly so that every LGBTQIA+ couple in Nepal can access marriage with certainty, dignity, and respect. Nepal has already taken a historic step. Now it is time to finish the job.”

Continue Reading

Popular