News
Nevada AG invokes bigamy, incest to defend marriage ban
State interest is ‘to protect and perpetuate traditional marriage’
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.
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.”
Eswatini
Eswatini’s government ordered to allow LGBTQ group to legally register
Unanimous Supreme Court ruling caps off 7-year legal battle
Eswatini’s Supreme Court has ordered the government to allow an LGBTQ rights group to legally register.
The Registrar of Companies in 2019 denied Eswatini Sexual and Gender Minorities’ request to register.
The advocacy group in 2020 petitioned the Supreme Court to hear the case. The Supreme Court initially ruled against Eswatini Sexual and Gender Minorities, but it appealed the decision.
The Eswatini Commerce, Industry, and Trade Ministry in 2023 said it would not allow the group to register. The Supreme Court on Tuesday in a unanimous ruling ordered the Swazi government to allow Eswatini Sexual and Gender Minorities to register.
“For seven years the Eswatini Sexual and Gender Minorities group has fought the Swazi government for its citizens to have the right to freedom of association,” said Eswatini Sexual and Gender Minorities on Tuesday in a Facebook post. “But this is a hard fight against a government and king who believe LGBTI people have no place in the kingdom and who are trying to restrict the power of civil society organizations.”
Eswatini is a small, landlocked country in southern Africa that borders South Africa and Mozambique.
Consensual same-sex sexual relations between men remain criminalized in the country.
Discrimination and harassment based on sexual orientation and gender identity is commonplace in Eswatini. The country’s first Pride parade took place against this backdrop in 2018.
District of Columbia
Nearly 6,000 turn out for Pride Night Out at the Nationals
Gay Men’s Chorus sings National Anthem
“Just shy of” 6,000 people purchased tickets for the Wednesday, June 24, 21st annual Pride Night Out at the Washington Nationals baseball stadium, which the Nationals said is the longest running LGBTQ Pride event in Major League Baseball, according to a Nationals spokesperson.
The event was organized with the Nationals by Team D.C., the local LGBTQ sports group that organizes similar Pride Nights for other professional D.C. area sports teams.
“It was a good time had by all as the Nationals celebrated the LGBTQ+ community during the Nationals 21st Pride Night Out, presented by Team D.C.” the Nationals said in a statement.
Nationals spokesperson Erica George said the overall game attendance was 27,200.
Similar to recent past years, the Gay Men’s Chorus of Washington sung the National Anthem at the start of the game, drawing loud cheers from people throughout the stadium.
The Nationals lost the game to the Philadelphia Phillies by a score of 5-4. Although most of the LGBTQ attendees of the event, held in the right-field mezzanine section of the stadium, were cheering for the Nationals, a sizeable number also cheered for the Phillies.
Miguel Ayala, one of Team D.C.’s lead organizers, said he noticed fans displaying Pride flags and recognized LGBTQ people in all parts of the stadium, indicating significantly more LGBTQ people and their supporters attended the game beyond the close to 6,000 or more who purchased the specific Pride Night Out tickets.
“It was a great excitement last night,” he told the Washington Blade on the day following the event. “I saw a lot of big crowds of our people, I saw everybody I can think of in the community. And it was really great to see the turnout.”
Also, like in previous years, Team D.C. along with the Nationals helped to organize a pre-game show on the large concourse platform area next to the stadium seating area involving a drag show led by local drag performer Shi-Queeta Lee.
“During pregame ceremonies, the Nationals Pride employee resource group was recognized on the field,” the statement released by the Nationals says. “Dr. Demetre Daskalakis, a physician and public health leader who has had a profound impact on the LGBTQ+ community and those living with or vulnerable to HIV, threw out the ceremonial first pitch as the guest of Team D.C.,” the statement says.
It adds that Team D.C.’s scholarship recipient Spencer Doll made the ceremonial call to “Play Ball.”
As if all that were not enough, a Nationals employee who entertains during the Nationals pre-game shows on the field dressed as a giant eagle named “Screech” wearing an eagle’s head mask appeared in the seating area where the Pride Night Out crowd was seated and mingled with the LGBTQ fans, many of whom posed for photos with Screech.
South Africa
White House to end PEPFAR funding for South Africa
State Department says country failed to respond to 2025 executive order demands
The Trump-Vance administration will end PEPFAR funding for South Africa.
A State Department spokesperson on Wednesday told the Washington Blade the State Department “will begin a phased drawdown of PEPFAR programming in South Africa, with most programs ending by Sept. 30, 2026, and critical personnel support continuing through March 31, 2027.”
Semafor last week reported South Africa has received more than $8 billion in PEPFAR funding since President George W. Bush created the program to combat the global HIV/AIDS pandemic in 2003.
President Donald Trump on Feb. 7, 2025, issued an executive order that addressed what it described as “egregious actions of the Republic of South Africa.” The State Department spokesperson with whom the Blade spoke noted the directive included five specific requests:
• South African government provides exemptions or alternatives for U.S. companies to Broad-Based Black Economic Empowerment laws and other race-based mandates.
• Senior government officials (e.g., president, deputy president, or minister of justice) unequivocally condemn all race-based incitement to violence, including the “Kill the Boer” song, more frequently.
• The South African government prevents the implementation of measures that would allow expropriation without fair compensation and due process under the Expropriation Act of 2024.
• South African Police Service designates rural crime a “priority crime” and increases resources dedicated to high-crime rural areas.
• South Africa refrains from actions that would significantly interfere with the implementation of the refugee program, within the confines of South African law.
“The United States communicated to the government of the Republic of South Africa multiple times at many levels that PEPFAR funding was likely to be terminated in the absence of progress on the five asks,” said the State Department spokesperson.
The State Department spokesperson further noted South Africa is “one of the largest economies in sub-Saharan Africa” and “has funded the vast majority of its own HIV response, estimated at 76 percent of the total, including procurement of all treatment commodities.”
“South Africa will continue to be supported by the Global Fund, including for the introduction and scale up of lenacapavir through Global Fund Resources,” the spokesperson told the Blade.
Lenacapavir is groundbreaking HIV prevention drug that users inject twice a year. Eswatini, which borders South Africa, is among the African countries that have received doses of the drug through PEPFAR.
HIV/AIDS service organizations in the U.S. and around the world have sharply criticized the Trump-Vance administration over plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding.
Secretary of State Marco Rubio shortly after the current White House took office issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
Eswatini’s government ordered to allow LGBTQ group to legally register
Does Pride decor resemble Trump’s design aesthetic?
Nearly 6,000 turn out for Pride Night Out at the Nationals
White House to end PEPFAR funding for South Africa
Washington Blade names new publisher
Union leader files assault complaint against gay Md. delegate after fight at early-voting site
PHOTOS: 2026 Capital Pride Parade
US no longer refuge for LGBTQ refugees
Cool convertibles
