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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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Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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Human Rights Campaign President Kelley Robinson speaks at the group's 2025 National Dinner in D.C. She campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire on Aug. 30, 2026. (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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Delaware

Michael Smith could make history as Delaware’s first LGBTQ treasurer

Promises to defend state from Trump administration

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‘Everyone is worried about the affordability crisis,’ said Michael Smith. (Photo courtesy of Smith)

With experience as an economist, legislative staffer, and nonprofit director, Michael Smith is looking to protect Delaware from the Trump administration and become Delaware’s first openly LGBTQ treasurer. 

With a master’s degree in economics from the University of Alabama, Smith has worked as an economist at the Progressive Policy Institute, Secretariat Economist, and Cornerstone Research. 

“I think my work in economic and financial analysis has given me a lot of experience and know-how about what the treasurer role can and should be,” said Smith. 

Smith also worked in the Delaware House Democratic Caucus in Dover, working with state representatives to improve the quality of life of Delawareans. 

“I got to see where the rubber meets the road and how we can have policies that positively affect everyday working Delawareans.” said Smith. 

In 2024, Smith narrowly lost a race to represent District 21 by 30 votes. He said that this loss gave him the itch to make a positive impact on the community. 

Smith also founded and directed Powering Our Future, a nonprofit that promoted clean energy infrastructure throughout New Castle County.

“We helped people across Delaware reduce their energy bills and specifically try to encourage energy efficiency and electrification,” said Smith. 

According to Smith, affordability is the biggest issue to voters, especially with the rising cost of utility bills. 

“Everyone is worried about the affordability crisis. The cost of living is just incredibly high.”

“I’ve been knocking on doors for months now, and every time I hear people say: ‘My utility bill has gone up 75 percent. My property taxes are going through the roof. I can’t afford health care. I can’t afford to save for my children’s college or my own retirement.’”

“The treasurer cannot solve all those problems. But what we can do is we can help people save for them and their family’s future,” said Smith. 

Smith talked about his goal to increase awareness around Delaware EARNS, a state sponsored Roth IRA geared toward people who don’t have access to a traditional employer-sponsored retirement plan. 

“There’s roughly 150,000 Delawareans who could take advantage of it,” said Smith. “These are people who are the backbone of Delaware’s economy, whether they are working for small businesses, certain nonprofits, or working the gig economy,” said Smith.

Smith said that many people working for companies such as Doordash and Lyft are not saving for the future but that they could be doing so in a tax-advantaged way through Delaware EARNS. 

“I think there’s some work that needs to be done to make a clear on-ramp for the self-employed and for those gig workers to get enrolled,” said Smith. 

“Right now, we just passed our 10,000th account, which is fantastic, but there’s a lot of room left to grow.”

Smith also spoke of his plans to build on the Aspire 529 College Savings Plan, a project that helps traditionally underserved students finance their college education in ways that traditional 529 plans don’t. 

Smith said that Delaware needs a treasurer who will work to protect the first state from the Trump administration, and he says is ready to step up to the plate. 

“I think we need someone who’s willing to speak out and try to work with state treasurers, comptrollers, and other elected officials across the country to push back over the next two years.”

“We have a president in Washington, D.C., who is working with his Republican cronies in Congress to attack blue states like ours and threaten our federal funding.”

“I think that the best form of resistance is resilience,” said Smith. 

Michael Smith (Photo courtesy of Smith)

Smith identifies as pansexual, having come out 10 years ago in college. He said that he is proud of the representation Delaware already has, from Rep. Sarah McBride to Travis McDermott, the mayor of Newark. 

“I would love to partner with our attorney general, our governor, and our General Assembly to defend our LGBTQ+ citizens and residents as much as possible,” said Smith.

“I’d be honored to be Delaware’s first openly LGBTQ+ treasurer,” said Smith. 

Mike Ramone, the Republican nominee for treasurer, has described Delaware as being in a ‘financial crisis.’The Blade asked Smith to respond to Ramone’s statement. 

“I would disagree with Mike Ramone. I think Delaware is in a very strong financial shape, with the caveat of our state employee health benefits, which needs to be more well funded.”

Michael Smith will face Ted Lauzen and Mike Miller on the ballot for the Sept. 15 primary. 

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Poland

Poland begins to legally recognize same-sex marriages from other countries

‘This is an important milestone, but it should not be the final destination’

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The Polish Sejm in Warsaw in 2024. The country has begun to recognize same-sex marriages legally performed elsewhere. (Washington Blade photo by Michael K. Lavers)

Poland has begun to recognize same-sex marriages legally performed outside the country.

TVP World, the country’s public broadcaster, reported civil registry offices began to “transcribe same-sex marriages legally” conducted outside of Poland on Aug. 22.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

Poland’s Constitutional Tribunal a few days later rejected the recognition of same-sex marriages legally performed in other EU countries. The Love Does Not Exclude Association, a Polish marriage equality advocacy group, in an Aug. 26 press release notes the ruling “does not prevent implementation of these new regulations” because the Constitutional Tribunal is “largely discredited” and the government considers it “to be improperly constituted.”

“This is an important milestone, but it should not be the final destination,” said Maja Heban of the Love Does Not Exclude Association. “No couple should have to cross a border to marry. Our goal is allowing loving, committed couples to marry in Poland in the first place. The law now increasingly recognizes these marriages once couples return to Poland in areas such as healthcare and social security, but significant gaps remain, mainly lack of recognition of same-sex parents which directly impacts security of their children.”

Germany, Belgium, France, Ireland, Spain, and Portugal are among the EU countries in which same-sex couples can legally marry. Andorra, whose prime minister, Xaviet Espot Zamora, is openly gay, and Switzerland are among the other European nations that have extended marriage rights to same-sex couples.

The Andorran Counsel General in Andorra la Vella, Andorra. Andorra is among the European countries that have extended marriage rights to same-sex couples.(Washington Blade photo by Michael K. Lavers)

The Netherlands in 2001 became the first country in the world to extend marriage rights to same-sex couples. Activists who participated in this year’s World Pride that took place in Amsterdam earlier this summer marked this milestone.

Participants in the World Pride Human Rights March in Amsterdam on Aug. 8, 2026, commemorate the 25th anniversary of marriage equality in the Netherlands. (Washington Blade photo by Michael Key)
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