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

District of Columbia

Gay-owned pizzeria in Dupont Circle burglarized

Protest Pizza owners say community has expressed support

Published

on

From left: Protest Pizza co-owners Ricky Bennett and Randy Downs. The two men say they have received an outpouring of community support after Protest Pizza was burglarized on Aug. 21, 2026. (Washington Blade photo by Michael Key)

Gay activist Randy Downs said he and his business and life partner Ricky Bennett are grateful for the support they have received from the Dupont Circle community after they released a video showing a suspect breaking into their recently opened pizza shop and taking money from a cash register shortly before 3 a.m. on Friday, Aug. 21.

The surveillance video shows a man wearing black clothing with his face covered, smashing the glass front door of Protest Pizza, located at 1633 ½ P St., N.W. The video, which Downs and Bennett provided to D.C. police, also shows the suspect climbing over the bar to get to a cash register, which he opened to take out cash.

A D.C. police report obtained by the Washington Blade lists the incident as a Burglary in the Second Degree and says the owners reported “approximately $78 in cash” was taken from the cash register.  The report says the incident is not listed as a suspected hate crime.

Downs told the Washington Blade that after he and Bennett reported the break-in and theft on social media, they received an overwhelming showing of support from neighbors and others, including business owners, from across the nation. 

“The break-in was upsetting, but it is not what will define Protest Pizza,” Downs said. “What defines us is how quickly people showed up,” he told the Blade. “One person came looking for a cash register; our community saw a gathering place worth protecting. The response reminded us that Protest’s real value was never in the register.”

Downs said he and Bennett, who live around the corner on the section of 17th Street, N.W., near several other bars and restaurants, including the gay bar JRs are located, opened Protest Pizza in November 2025.

“Ricky and I built Protest Pizza as a positive, welcoming, queer owned neighborhood restaurant and bar — a space for protest and joy,” he said.

A D.C. police spokesperson said police offer a reward of up to $1,000 for information leading to an arrest and conviction of a suspect responsible for the type of burglary and theft that occurred at Protest Pizza. Police say anyone with information to help solve this type of crime should call the police tipline at 202-727-9099.

Continue Reading

District of Columbia

Advocates honored at Engendered Spirit Awards

Annual ceremony held at conclusion of Trans Pride DC

Published

on

From left, Bianca Sprague, Vida Rangel and SC Nealy attend the 2026 SaVanna Wanzer Engendered Spirit Awards at the Martin Luther King, Jr. Memorial Library on Aug. 22, 2026. (Washington Blade photo by Michael Key)

The 2026 SaVanna Wanzer Engendered Spirit Awards ceremony took place at the Martin Luther King, Jr. Memorial Library in D.C. on Saturday. The ceremony was held at the conclusion of the day-long Trans Pride DC: Encore.

Honorees included D.C. Mayor’s Office of Community Affairs Deputy Director Vida Rangel; the LGBT+ Counseling Collaborative, Inc.; and Connor Keuntje, CLP, CLPC.

Trans Pride DC: Encore was held throughout Saturday with several workshop sessions and a virtual conversation with actress and advocate Dominique Jackson.

The annual Engendered Spirit Awards were renamed the “SaVanna Wanzer Engendered Spirit Awards” in honor of SaVanna Wanzer, founder of D.C. Trans Pride. Wanzer died on April 24 of this year.

Speakers at the ceremony included Japer Bowles, director of the D.C. Mayor’s Office of LGBTQ Affairs and Bianca Sprague, executive director of D.C. Trans Pride.

“The intent behind this award and honoring members of our communities, organizations, and allies, is to really elevate all of the work that they’re doing to provide resources, tools, learning opportunities and connections: centering trans folks, gender non-conforming, and gender diverse individuals,” Sprague said.

Continue Reading

India

Proposed Indian foreign funding law overhaul could further pressure LGBTQ groups

Measure introduced in Parliament earlier this year

Published

on

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.”

Continue Reading

Popular