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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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India

Proposed Indian foreign funding law overhaul could further pressure LGBTQ groups

Measure introduced in Parliament earlier this year

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Activists on Sept. 21, 2024, attend a conference in Chennai, India, that focused on climate change and how it impacts transgender women. A proposed overhaul to India's foreign funding law could further pressure advocacy groups that are already struggling to secure funding. (Courtesy photo)

India’s proposed overhaul of its foreign funding law could put LGBTQ organizations that depend on overseas donations under new pressure. 

Introduced in the Lok Sabha, the lower house of Parliament, on March 25, the Foreign Contribution (Regulation) Amendment Bill, 2026, or FCRA, would give a government-designated authority control over foreign funds, and assets when an organization loses or surrenders its registration.

The Foreign Contribution (Regulation) Amendment Bill returned to the spotlight this month as the Indian government prepared to seek its passage during Parliament’s Monsoon Session; drawing fierce opposition from political parties, civil society groups and religious organizations.

The government says the bill is intended to address gaps in the management of foreign funds and assets when an organization’s FCRA registration is cancelled, surrendered, or expires. The Foreign Contribution (Regulation) Amendment Bill, 2026, would create a Designated Authority to oversee the vesting, supervision, management, and disposal of foreign contributions and assets when an organization’s FCRA registration is cancelled, surrendered , or ceases. If a vested asset is a place of worship, the authority would be required to preserve its religious character. The FCRA would also reduce the maximum prison term for violating the law from five years to one year.

The changes could also make it difficult for organizations to leave the FCRA regime without surrendering assets created with foreign funds. Under the bill, an organization would have to keep renewing its FCRA certificate to retain those assets. FCRA rules also impose spending requirements on organizations seeking to maintain their certificates.

The bill may also create a distinction between assets created by organizations with FCRA registration and those created through the separate prior-permission route.

More significantly, neither the existing law nor the bill provides an appeal mechanism when the central government refuses to renew an FCRA certificate. They also do not expressly require the organization to be given an opportunity to be heard before renewal is denied. Under the proposed framework, such a denial could trigger the vesting of the organization’s foreign-funded assets in the Designated Authority.

The bill would also widen the circle of people who could face consequences for an organization’s FCRA violations. 

Its definition of “key functionary” extends beyond directors and office bearers to trustees, governing-body members, managing-committee members and others responsible for an organization’s affairs. Those functionaries could be held liable for offenses committed by the organization, unless they can show that they were unaware of the violation or had exercised due diligence to prevent it. The FCRA bill would also impose restrictions on dealing with foreign-funded assets during a suspension and leave several important operational details — including timelines and procedures for managing and returning assets — to rules that have yet to be prescribed.

Parliament on Aug 12 moved to refer the FCRA bill to a parliamentary committee for further scrutiny and wider consultations. 

Minister of State for Home Nityanand Rai moved the motion in the Lok Sabha, to refer the bill to a committee comprising 21 members of the lower house and 10 members of the Rajya Sabha, Parliament’s upper house. 

The Rajya Sabha subsequently approved the nomination of its 10 members to the committee. The panel is expected to submit its report by the last day of the first week of Parliament’s Winter Session.

The proposed changes could have significant implications for LGBTQ organizations that rely on the FCRA framework to receive foreign contributions. (The global LGBTQ and intersex rights movement since the Trump-Vance administration took office in 2025 has lost nearly $50 million in U.S. funding because of foreign aid cuts. One source with whom the Washington Blade spoke described the funding loss as a “catastrophe” for the global movement.)

While the government does not appear to have published an easily accessible, consolidated list of LGBTQ organizations receiving such funding, FCRA registration records and organizations’ financial disclosures indicate that foreign contributions have supported LGBTQ rights, healthcare, and community services in India.

K.C. Venugopal, general secretary of the opposition Indian National Congress, told reporters his party and other opposition parties would strongly protest the legislation if it were introduced in Parliament. He said the bill was aimed at targeting minorities and NGOs and vowed that the opposition would oppose its passage.

Venugopal called the proposed legislation “unconstitutional and anti-people.” 

“If the Central Government thinks they can cook up and introduce the Foreign Contribution (Regulation) Amendment Bill within these two or three days, they should keep that wish to themselves,” he told reporters in Alappuzha, Kerala, on Aug. 9.

“Three provisions worry LGBTQ+ organizations like ours most directly,” said Souvik Saha, founder of People for Change and Jamshedpur Queer Circle. “First, the 2026 bill would let a government-appointed ‘Designated Authority’ take control of an organization’s foreign-funded assets— bank balances, equipments, sometimes even property— the moment its FCRA registration is cancelled, surrendered, or simply not renewed, and this happens through an administrative process, without prior judicial adjudication. For a small community organization, that means losing everything we have built — case files, shelter infrastructure, helpline equipment — almost overnight, with no court hearing first.”

Saha told the Blade the revised FCRA Rules announced in June introduced a minimum spending threshold: organizations must spend at least $10,449 in foreign contributions over two financial years or risk cancellation and non-renewal of their registration.

“This specifically penalizes small and grassroots groups that deliberately keep their foreign funding modest — which describes most LGBTQ organizations in India, including ours,” said Saha. “We are not running core-scale budgets; we are running helplines, safe spaces, and district-level outreach on modest grants.”

Saha told the Blade that the ban on sub-granting, carried over from the 2020 amendment, means larger, well-established rights organizations cannot pass foreign funds to smaller, unregistered LGBTQ collectives that could not obtain FCRA registration themselves. He said rights groups have long described the restriction as a near “death knell” for hundreds of small nongovernmental organizations that work collaboratively with larger organizations, adding that LGBTQ groups outside major metropolitan areas depend heavily on such funding arrangements.

“Domestic funding for LGBTQ work in India is still thin, CSR (Corporate Social Responsibility) money avoids us because we are seen as ‘controversial,’ and most Indian foundations would not touch gender-identity programming,” Saha said. “So foreign funding is not a convenience for organizations working with the transgender and LGBTQ community, it is often always funding.”

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Politics

Log Cabin Republicans remove transgender rights from mission

Decision made after ‘significant discussion’ with members, board

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From left, former U.S. Ambassador to Germany Richard Grenell and then-Log Cabin Republicans President Charles Moran attend the Log Cabin Republicans Big Tent Event at the 2024 Republican National Convention in Milwaukee. (Washington Blade photo by Michael Key)

Log Cabin Republicans, an organization that formerly represented LGBTQ conservatives, has removed advocating for transgender and queer rights from its “renewed” national advocacy focus.

In an opinion piece written by Log Cabin Republicans President Ross Hemminger for the conservative media outlet Town Hall, he announced that trans rights would no longer be part of what the organization advocates for through conservative leadership and candidates.

In his piece, Hemminger wrote that after “significant discussion” with members and Log Cabin Republicans’ board of directors, the organization’s leadership voted to “refine Log Cabin Republicans’ national advocacy focus to concentrate specifically on issues of sexual orientation and conservative values,” a focus that does not include trans people.

“We have fought for the right to legally marry who we love, serve our country and our communities openly and proudly, and to enjoy the same inalienable rights afforded to all law-abiding Americans — and we succeeded,” Hemminger wrote. “However, the new era of gender identity politics is not the movement we supported and fought for. Gay men and women are losing public support across the country, and support for gay marriage and other once-widely accepted rights is eroding. Why? Because many voters today weren’t alive or cognizant of the politics of gay marriage winding its way through the courts and gaining ground in public opinion. Their view of the gay community is based on today’s radical transgender activists with their unnecessary and discomfiting focus on America’s youth.”

Hemminger then went on to argue that trans advocacy has shifted to focusing primarily on minors — a characterization that does not reflect the breadth of issues trans advocates address.

“They push schools to teach radical gender ideology; they want biological men in women’s sports regardless of the consequences; perhaps most offensively, they support gender reassignment treatments for minors, often without the knowledge or consent of the parents, knowing full well these treatments are mostly irreversible,” he wrote.

Hemminger and many right-wing political leaders have continued to assert this false reality as fact.

A Harvard-affiliated study found approximately 2.1 gender-affirming surgeries occur per 100,000 trans and gender-diverse minors diagnosed with gender dysphoria, underscoring how uncommon these procedures are among minors. In addition to the option of surgery for those who think it’s right for them, there is an array of other medically sound options to treat gender dysphoria, which according to KFF, an independent source for health policy research and polling, includes “medical, surgical, mental health, and non-medical services for transgender and nonbinary people.”

Additionally trans advocacy is not as narrow as Hemminger makes it seem in his opinion piece.

There are a slew of issues the trans community faces — and fights for — on a daily basis that have nothing to do with healthcare. Those include obtaining government documents that accurately reflect one’s gender identity, multiple elements of family law that include the right to marry and adopt children as straight couples can, protections from violence, hate crime protections, the right to serve in the military, access to bathrooms corresponding with their gender, and the right to education.

Despite the overwhelming number of issues trans people — regardless of political affiliation — have to struggle with as a result of systemic gaps in protections that are supposed to be afforded to everyone under the law, they remain vulnerable to unequal treatment.

Despite this shift, Log Cabin Republicans has committed to standing with the Republican Party rather than LGBTQ people as a whole. The organization was initially founded as a loosely connected network of local California social clubs made up of LGBTQ conservatives in the late 1970s before eventually emerging as a national political organization in the early 1990s under its founding executive director, Rich Tafel.

As the organization continued to gain momentum, it endorsed a handful of Republicans who voted against the Respect for Marriage Act, the 2022 law that federally recognized marriage equality for same-sex couples.

The Washington Blade reached out to Log Cabin Republicans for comment but did not hear back by the time of publication.

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Delaware

Democrat Maureen ‘Mo’ Madden takes on longtime GOP stronghold in Delaware’s 38th

Out lesbian candidate for state House focused on infrastructure needs, voting rights

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Maureen ‘Mo’ Madden (Photo courtesy of Madden)

Democrat Maureen “Mo” Madden is running for the Delaware House of Representatives in the 38th District, seeking to win a seat that has been held by Republicans for more than two decades.

The race opened up after Republican state Rep. Ron Gray announced in April that he would not seek reelection after seven terms in the General Assembly. 

Gray was first elected in 2012 and represents communities including Bethany Beach, Fenwick Island, Selbyville and Ocean View. Madden, a Dagsboro resident, filed to run for the seat in 2025.

Madden is a retired federal civil servant who spent nearly 23 years at NASA and more than seven years at the National Oceanic and Atmospheric Administration. She holds a master’s degree in physics and previously worked in leadership at NOAA.

She said her professional experience taught her the importance of working collaboratively, something she believes would translate to the legislature.

“Advocating, negotiating, and collaborating are all skills that a legislator needs,” she said. “You learn to collaborate. You learn to negotiate. You learn to advocate for your budget, for your team, and for your projects.” 

Madden said her decision to run began after she and her wife moved to the area and she noticed the lack of Democratic candidates on the ballot in her district.

“Somebody’s got to do it, and I’ve got time. I’m retired,” said Madden.

She acknowledged the difficulty of running as a Democrat in the district, which has been represented by Republicans since 2002.

Madden said one of the biggest concerns she hears from residents is the rapid growth of Sussex County.

“We have a massive amount of growth and a massive amount of development,” said Madden.

Madden said the growth has placed additional pressure on roads, schools, emergency services, as well as water and sewer infrastructure.

“We need to find a way to bring more money down here for the school system and for the infrastructure that we need,” she said.

She also raised concerns about the impact of new developments on existing neighborhoods, particularly in regard to flooding and drainage.

“Something needs to be done,” said Madden.

Madden also pointed to climate change as a factor affecting the region.She said the state will need to work on both addressing development and preparing communities for increasingly severe weather.

“We have to work both sides of it,” Madden said.

Madden said improving infrastructure would be a priority if she is elected, particularly roads and other infrastructure that affect residents’ daily lives.

“I want to increase the safety of my neighbors,” she said.

Madden also said she wants to address infrastructure needs related to water and sewer service, as well as the availability of health care in the rapidly growing coastal region.

Madden said protecting voting rights would be another priority in the legislature.

“The right to vote is one of the biggest things that we have here in a democracy,” she said.

She said that she supports early voting, mail-in voting, and same-day registration, as well as restoring voting rights to people who have completed felony sentences.

“You should not lose a constitutional right because you’ve been in jail,” said Madden.

“Protecting the right to vote is how I will defend democracy when I get to the state House,” she said.

Madden said she would also support efforts to enshrine certain rights in the Delaware Constitution, including reproductive rights, voting rights, and the right to marriage.

“Those three protections of our freedoms that are right now under attack need to be more secure in the Delaware State Constitution,” she said.

As an openly lesbian candidate, Madden said LGBTQ+ rights are important to her, particularly the treatment of young transgender people.

She said she is concerned about efforts to restrict transgender students’ participation in sports and other policies affecting transgender people.

“They are picking on the most vulnerable of the most vulnerable,” said Madden.

She said she hopes voters will view LGBTQ+ people as part of their communities rather than as fundamentally different from their neighbors.

“We’re your neighbors. We’re your friends. We’re your family,” she said.

Madden will face Republican Carlie Carey in the general election on Nov. 3. 

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