News
Oregon AG won’t defend marriage ban in court
Says law cannot withstand scrutiny ‘under any standard of review’


Oregon Attorney General Ellen Rosenblum won’t defend her state’s marriage ban in court. (Photo public domain)
Oregon Attorney General Ellen Rosenblum announced on Thursday she won’t defend the state’s ban on same-sex marriage against a legal challenge, saying the law cannot withstand judicial scrutiny “under any standard of review.”
Meanwhile, the campaign led by Oregon United for Marriage to bring marriage equality to the state via ballot measure in November says it is holding the surplus of signatures already collected pending the outcome of the lawsuit.
In a seven-page legal filing, Rosenblum says the state largely agrees with the contentions against the ban on same-sex marriage raised by plaintiffs in the case, known as Rummel v. Kitzhaber.
“State Defendants will not defend the Oregon ban on same-sex marriage in this litigation,” Rosenblum concludes. “Rather, they will take the position in their summary judgment briefing that the ban cannot withstand a federal constitutional challenge under any standard of review.”
A Democrat elected to office in 2012, Rosenblum’s decision is along the lines of her earlier determination in October that Oregon should respect same-sex marriages performed in other jurisdictions.
Among the allegations that Rosenblum says the state won’t dispute in the lawsuit is the assertion that domestic partnerships, which Oregon has allowed since 2008, aren’t the equivalent of marriage.
“State Defendants admit that performing same-sex marriages in Oregon would have no adverse effect on existing marriages, and that sexual orientation does not determine an individualās capacity to establish a loving and enduring relationship,” Rosenblum writes. “State Defendants likewise admit that domestic partnership registration confers many legal protections but not all of the rights, obligations, and privileges associated with marriage.”
Her decision not to defend the ban is consistent with the position of Nevada Attorney General Catherine Cortez Masto. Both Nevada and Oregon lie in the Ninth Circuit, where the U.S. Ninth Circuit Court of Appeals decided heightened scrutiny applies to laws related to sexual orientation in the case of SmithKline v. Abbott Laboratories.
Notably, Rosenblum never mentions the SmithKline decision or legal precedent for heightened scrutiny in announcing her decision that she won’t defend Oregon’s ban. Instead, she concludes the law fails under any standard of review.
Thomas Wheatley, director of organizing at Freedom to Marry and an adviser to Oregon United for Marriage, praised Rosenblum.
āAttorney General Rosenblum is right in refusing to waste taxpayersā dollars by defending the indefensible anti-marriage law in Oregon,” Wheatley said. “Rosenblum is joined by other attorneys general from Virginia, Pennsylvania, and Nevada; and even Republican Governor Brian Sandoval in Nevada, who all came to the same conclusion that the state cannot in good conscience defend a law denying committed same-sex couples the freedom to marry.”
Brian Brown, president of the anti-gay National Organization for Marriage, nonetheless criticized Rosenblum for what he said was abandoning her constitutional duties.
āAttorney General Ellen Rosenblum is shamefully abandoning her constitutional duty to defend the marriage amendment overwhelmingly enacted by the people of Oregon,” Brown said. “She swore an oath of office that she would enforce all the laws, not just those she personally agrees with. The people are entitled to a vigorous defense of the laws they enact, and the marriage amendment is no exception to that solemn obligation.”
The case is pending in the U.S. District Court for the District of Oregon before U.S. District Judge Michael McShane, who’s gay and among the handful of openly gay federal judges serving on the federal bench. Oral arguments in the case are set for April 23.
Legal experts say the Ninth Circuit precedent for applying heightened scrutiny to matters related to sexual orientation bodes well for rulings in favor of marriage equality within this jurisdiction.
Campaign holding signatures for ballot initiative
At the same time the litigation is advancing, LGBT activists were preparing to bring the issue to the ballot once more in 2014 to reverse the ban and legalize same-sex marriage in Oregon.
Mike Marshall, campaign manager for Oregon United for Marriage, announced following Rosenblum’s decision that his campaign has already collected 160,000 signatures ā more than the 116,284 needed by July 3 to qualify the measure for the ballot ā but is placing those efforts on hold pending the outcome of the federal lawsuit.
āNow that we have done the hard work of assuring a place on the ballot and moving public opinion, we have the ability to wait for the courts to do the right thing,” Marshall said. “No one is interested in engaging in an expensive political campaign if we donāt have to. We have more than 4,000 volunteers across Oregon to thank for that.ā
Meanwhile, Oregon United for Marriage is planning a statewide tour for the first two weeks of March to talk to supporters of same-sex marriage about the campaignās next steps.
In 2004, Oregon voters approved at the ballot a constitutional ban on same-sex marriage with 57 percent of the vote. But public opinion has since changed. According to a poll unveiled Thursday by Oregon United for Marriage, 55 percent of likely November voters support same-sex marriage while 41 percent are opposed.
As preparations for the marriage initiative are underway, Oregon anti-gay groups are working to place on the ballot a religious exemption initiative on the ballot that would carve out a portion of state civil rights law to allow businesses to discriminate against same-sex couples.
Marshall said he’s prepared for a campaign against the anti-gay measure regardless of what happens with the marriage initiative.
“At a moment when Oregonians should be celebrating the imminent end of discrimination against loving, committed couplesāweāre gearing up to fight another effort to write discrimination back into our laws,ā Marshall said.
Congress
EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker
Congressman’s correspondence was shared exclusively with the Blade

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry HernĆ”ndez Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.
Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.
Garcia noted that HernƔndez, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.
Pro-bono lawyers representing HernƔndez during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.
HernĆ”ndez’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.
Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting HernĆ”ndez’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”
The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.
Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:
- What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
- What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
- How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
- What mechanisms exist to prevent and address potential misconduct?
- What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
- What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
- What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:
- Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. HernƔndez Romero as a member of the Tren de Aragua gang?
- What evidence, beyond Mr. HernĆ”ndez Romero’s tattoos, was used to substantiate the claim of gang affiliation?
- Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
- What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
- What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for HernĆ”ndez’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”Ā
HernĆ”ndez’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.
Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”
Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding HernĆ”ndez’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.
HernĆ”ndez āwas denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,ā the governor wrote. āWe are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”
Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing HernƔndez, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.
āUnder the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if thatās the case,ā she said. āIn Andryās case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.ā
“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,ā Toczylowski said.
In March, a DHS spokesperson posted on X that HernĆ”ndez’s āown social media indicates he is a member of Tren de Aragua,ā though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity. Ā
During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence ā “I’m not a gang member. I’m gay. I’m a stylist.”Ā ā crying for his mother as he was slapped and his head was shaved.
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations ā OUT LGBT Well-being and Access Chapter 2 ā that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

District of Columbia
Capital Pride wins $900,000 D.C. grant to support WorldPride
Funds not impacted by $1 billion budget cut looming over city

Capital Pride Alliance, the nonprofit D.C. group organizing WorldPride 2025, this week received a $900,000 grant from the city to help support the multiple events set to take place in D.C. May 17-June 8.
According to an announcement by D.C. Mayor Muriel Bowser and Events D.C., the cityās official convention, sports, and events authority, Capital Pride Alliance was one of 11 nonprofit groups organizing 2025 D.C. events to receive grants totaling $3.5 million.
The announcement says the grants are from the cityās Large Event Grant Program, which is managed by Events D.C. It says the grant program is funded by the Office of the D.C. Deputy Mayor for Planning and Economic Development through a grant from the U.S. Department of Commerce Economic Development Administration.
Nina Albert, the Deputy Mayor for Planning and Economic Development, told the Washington Blade that because the grants consist of federal funds already disbursed to the city, they are not impacted by the billion dollar budget cut imposed on the city by Congress earlier this year.
āWorldPride is one of the 11 grantees, and weāre really just excited that thereās going to be generated a large crowd and introducing the city to a national and international audience,ā Albert said. āAnd we think it is going to be a real positive opportunity.ā
The statement from the mayorās office announcing the grants says funds from the grants can be used to support expenses associated with hosting large events such as venue rental fees, security, labor costs, equipment and other infrastructure costs.
āAll of those things are things that we do for our major events, including WorldPride,ā said Ryan Bos, executive director of Capital Pride Alliance. āSo, the resources from this grant will be extremely helpful as we approach the final weeks of preparation of WorldPride Washington, D.C.,ā he said.
Bos said Events D.C. has been an important partner in helping to promote WorldPride 2025 since the planning began more than two years ago. āAnd weāre excited to have them now support us financially to get us over the finish line and have an amazing event.ā
Both Bos and Deputy Mayor Albert said WorldPride organizers and D.C. government officials were doing all they can to inform potential visitors from abroad and other parts of the U.S. that the local D.C. government that is hosting WorldPride is highly supportive of the LGBTQ community.
The two said WorldPride organizers and the city are pointing out to potential visitors that the local D.C. government is separate from the Trump administration and members of Congress that have put in place or advocated for policies harmful to the LGBTQ community.
āD.C. is more than the federal city,ā Bos told the Blade. āItās more than the White House, more than the Capitol,ā he said. āWe have a vibrant, progressive, inclusive community with many neighborhoods and a great culture.ā
Marcus Allen, an official with Broccoli City, Inc., the group that organizes D.C.ās annual Broccoli City Music Festival, reached out to the Blade to point out that Broccoli City was among the 11 events, along with WorldPride, to receive a D.C. Large Event Grant of $250,000.
Allen said the Broccoli City Festival, which includes performances by musicians and performing artists of interest to African Americans and people of color, is attended by large numbers of LGBTQ people. This yearās festival will be held Aug. 8-10, with its main event taking place at Washington Nationals Stadium.
“Visitors from around the world come to D.C. to experience our world-class festivals and events,” Mayor Bowser said in the grants announcement statement. “These grants help bring that experience to life, with the music, the food, and the spirit of our neighborhoods,” she said. “Together with Events D.C., we’re creating jobs, supporting local talent, and showcasing the vibrancy of our city.”
The full list of organizations receiving this yearās Large Event grants are:
⢠Restaurant Association of Metropolitan Washington
⢠National Cherry Blossom Festival, Inc.
⢠Asia Heritage Foundation
⢠Capital Pride Alliance
⢠U.S. Soccer Federation
⢠Broccoli City, Inc.
⢠U.S.A. Rugby Football Union
⢠Washington Tennis and Education Foundation
⢠D.C. Jazz Festival
⢠Woolly Mammoth Theatre Company
⢠Fiesta D.C., Inc.
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