National
Nev. federal court rules against same-sex marriage
Jones determines heterosexuals might not marry if gay couples can
A district judge in Nevada upheld the state’s same-sex marriage ban
A federal court in Nevada has ruled against allowing same-sex couples to marry on the basis that they can’t procreate and gay people aren’t a politically powerless class.
In a 41-page ruling, U.S. District Judge Robert Jones, an appointee of former President George W. Bush, granted summary judgment in favor of the state of Nevada against claims its prohibition of same-sex marriage violates the Equal Protection Clause of the Fourteenth Amendment.
Among the reasons why Jones, a Mormon who attended Brigham Young University, finds gay couples lack a constitutional right to marry is a rational basis for the government to preclude couples who can’t bear children from marrying:
“Human beings are created through the conjugation of one man and one woman. The percentage of human beings conceived through non-traditional methods is minuscule and adoption, the form of child-rearing in which same-sex couples may typically participate together, is not an alternative means of creating children, but rather a social backstop for when traditional biological families fail. The perpetuation of the human race depends upon traditional procreation between men and women. The institution developed in our society, its predecessor societies, and by nearly all societies on Earth throughout history to solidify, standardize, and legalize the relationship between a man, a woman, and their offspring, is civil marriage between one man and one woman.”
Moreover, Jones determines that straight couples may be disinclined to marry if same-sex couples were allowed to enter into the same institution, which would result in additional societal problems:
“Should that institution be expanded to include same-sex couples with the state’s imprimatur, it is conceivable that a meaningful percentage of heterosexual persons would cease to value the civil institution as highly as they previously had and hence enter into it less frequently, opting for purely private ceremonies, if any, whether religious or secular, but in any case without civil sanction, because they no longer wish to be associated with the civil institution as redefined, leading to an increased percentage of out-of-wedlock children, single-parent families, difficulties in property disputes after the dissolution of what amount to common law marriages in a state where such marriages are not recognized, or other unforeseen consequences.”
The ruling was made in the case of Sevick v. Sandoval, which Lambda Legal filed on behalf of eight plaintiff couples in Nevada. The lead plaintiffs are Beverly Sevcik and Mary Baranovich of Carson City, who’ve been together for nearly 41 years. The plaintiffs contend Nevada’s law is unconstitutional because excluding of same-sex couples from marriage while relegating them to domestic partnerships violates their right to equal treatment under the U.S. Constitution.
Tara Borelli, a Lambda staff attorney, said the district court decision is “not the end of this fight” and vowed to appeal the decision to the U.S. Ninth Circuit Court of Appeals.
“This entire decision rests on the ridiculous premise that a ‘meaningful percentage of heterosexual persons’ will decide not to get married if same-sex couples can,” Borelli said. “Not only is this not true, but it is settled law that the government is not allowed to cater to private biases – which is all that imagining that ‘some couples won’t join this club if those people are admitted’ amounts to. We are confident this ruling will be overturned on appeal to the Ninth Circuit Court of Appeals.”
The ruling was filed on Monday, but had only come to the attention to the media on Thursday because the court made no previous announcement it had issued a decision.
Notably, Jones determines that Baker v. Nelson, a 1972 case on same-sex marriage that the U.S. Supreme Court refused to hear for want of federal question, should serve as precedent, even though the case is 40 years old, because it relied on a equal protection claim.
At the same time, Jones says Perry v. Brown, a more recent case against California’s Proposition 8 in which same-sex marriage was found unconstitutional, shouldn’t have bearing on Nevada because that case involved taking away marriage rights that already existed in the Golden State as opposed to the question of whether same-sex couples have a constitutional right to marry when a domestic partnership system exists.
Doug NeJaime, who’s gay and a law professor at Loyola Law School, said the treatment of the Perry decision is the “most interesting thing” about the ruling because it shows the ramifications of the limited scope of the Ninth Circuit’s decision against Prop 8.
“The Ninth Circuit frames Perry very narrowly, partly, I think, in an attempt to convince the Supreme Court that they don’t need to get involved, and now we’re seeing the ramifications of that, which is this court within Ninth Circuit interpreting Perry so as not to apply,” he said.
It’s not the first time in recent history that a federal court has upheld a statute against same-sex marriage. In August, U.S. District Judge Alan Kay ruled Hawaii’s ban on same-sex marriage is constitutional using much of the same reasoning found in Jones’ decision.
In addition to ruling that Nevada’s law against same-sex marriage is constitutional on a rational basis standard of review, Jones also disputes the idea that laws related to sexual orientation should be subjected to heightened scrutiny, or a greater assumption they’re unconstitutional. That view has been articulated by President Obama in his decision that the Defense of Marriage Act is unconstitutional and the U.S. Second Circuit Court of Appeals in its ruling against DOMA.
For starters, Jones dismisses the idea that gays and lesbians are politically powerless — a condition necessary for a class to be considered eligible for heightened scrutiny — because of the gains made by the LGBT community in recent years:
Homosexuals serve openly in federal and state political offices. The president of the United States has announced his personal acceptance of the concept of same-sex marriage and the announcement was widely applauded in the national media. Not only has the president expressed his moral support, he has directed the attorney general not to defend against legal challenges to the Defense of Marriage Act (“DOMA”), a federal law denying recognition to same-sex marriages at the federal level. It is exceedingly rare that a president refuses in his official capacity to defend a democratically enacted federal law in court based upon his personal political disagreements. That the homosexual-rights lobby has achieved this indicates that the group has great political power.
Jones also denies that gays and lesbians are politically powerless on the basis of the victories for same-sex marriage that were seen on Election Day:
At the state level, homosexuals recently prevailed during the 2012 general elections on same-sex marriage ballot measures in the States of Maine, Maryland and Washington, and they prevailed against a fourth ballot measure that would have prohibited same sex marriage under the Minnesota Constitution. It simply cannot be seriously maintained, in light of these and other recent democratic victories, that homosexuals do not have the ability to protect themselves from discrimination through democratic processes such that extraordinary protection from majoritarian processes is appropriate.
Not mentioned in the Jones ruling is the passage of a state constitutional amendment in North Carolina just months ago that defined marriage as a union between one man and one woman.
NeJaime said the rejection of heightened scrutiny is also noteworthy, although he’s skeptical about the conclusions the court reaches in this assessment.
“I think some of those conclusions strike me as a little bit shaky — the idea that now that same-sex marriage has a few ballot victories contributes to the idea that gays and lesbians have political power, and the conclusion that the history of discrimination against gays and lesbians does not rise to the level that would lead to the heightened scrutiny findings,” NeJaime said. “I think those kinds of conclusions would be susceptible to being overruled if the Ninth Circuit were to take this case.”
The ruling comes to light on the eve before the U.S. Supreme Court is set to consider whether to take up litigation challenging DOMA and Prop 8.
Nan Hunter, a lesbian law professor at Georgetown University, said the arguments against gays and lesbians being a politically powerless class may be preview of arguments to come before the Supreme Court.
“Perhaps most interesting is the extent to which this judge’s analysis focuses on the political powerlessness question, finding that gay people are too well regarded in majoritarian legislatures to justify judicial invalidation of laws that emerge from those legislatures,” Hunter said. “I think that this aspect of Equal Protection review will be a major focus in the Supreme Court, assuming that it grants review in any of the gay-related cases, and this decision provides a good preview of what the opponents of gay marriage will argue.”
NeJaime speculated the Nevada decision may encourage justices not to take up the Prop 8 case, allowing same-sex marriage to return to California.
“I don’t necessarily think it would have a direct impact, but I think the court would know the Perry has been interpreted very narrowly by another court in the Ninth Circuit, which might bolster support for the idea that they don’t have to take Perry,” NeJaime said.
Federal Government
Trump-appointed EEOC leadership rescinds LGBTQ worker guidance
The EEOC voted to rescind its 2024 guidance, minimizing formally expanded protections for LGBTQ workers.
The U.S. Equal Employment Opportunity Commission voted 2–1 to repeal its 2024 guidance, rolling back formally expanded protections for LGBTQ workers.
The EEOC, which is composed of five commissioners, is tasked with enforcing federal laws that make workplace discrimination illegal. Since President Donald Trump appointed two Republican commissioners last year — Andrea R. Lucas as chair in January and Brittany Panuccio in October — the commission’s majority has increasingly aligned its work with conservative priorities.
The commission updated its guidance in 2024 under then-President Joe Biden to expand protections to LGBTQ workers, particularly transgender workers — the most significant change to the agency’s harassment guidance in 25 years.
The directive, which spanned nearly 200 pages, outlined how employers may not discriminate against workers based on protected characteristics, including race, sex, religion, age, and disability as defined under federal law.
One issue of particular focus for Republicans was the guidance’s new section on gender identity and sexual orientation. Citing the 2020 U.S. Supreme Court’s Bostock v. Clayton County decision and other cases, the guidance included examples of prohibited conduct, such as the repeated and intentional use of a name or pronoun an individual no longer uses, and the denial of access to bathrooms consistent with a person’s gender identity.
Last year a federal judge in Texas had blocked that portion of the guidance, saying that finding was novel and was beyond the scope of the EEOC’s powers in issuing guidance.
The dissenting vote came from the commission’s sole Democratic member, Commissioner Kalpana Kotagal.
“There’s no reason to rescind the harassment guidance in its entirety,” Kotagal said Thursday. “Instead of adopting a thoughtful and surgical approach to excise the sections the majority disagrees with or suggest an alternative, the commission is throwing out the baby with the bathwater. Worse, it is doing so without public input.”
While this now rescinded EEOC guidance is not legally binding, it is widely considered a blueprint for how the commission will enforce anti-discrimination laws and is often cited by judges deciding novel legal issues.
Multiple members of Congress released a joint statement condemning the agency’s decision to minimize worker protections, including U.S. Reps. Teresa Leger Fernández (D-N.M.), Grace Meng (D-N.Y.), Mark Takano (D-Calif.), Adriano Espaillat (D-N.Y.), and Yvette Clarke (D-N.Y.) The rescission follows the EEOC’s failure to respond to or engage with a November letter from Democratic Caucus leaders urging the agency to retain the guidance and protect women and vulnerable workers.
“The Equal Employment Opportunity Commission is supposed to protect vulnerable workers, including women, people of color, and LGBTQI+ workers, from discrimination on the job. Yet, since the start of her tenure, the EEOC chair has consistently undermined protections for women, people of color, and LGBTQI+ workers. Now, she is taking away guidance intended to protect workers from harassment on the job, including instructions on anti-harassment policies, training, and complaint processes — and doing so outside of the established rule-making process. When workers are sexually harassed, called racist slurs, or discriminated against at work, it harms our workforce and ultimately our economy. Workers can’t afford this — especially at a time of high costs, chaotic tariffs, and economic uncertainty. Women and vulnerable workers deserve so much better.”
Minnesota
Lawyer representing Renee Good’s family speaks out
Antonio Romanucci condemned White House comments over Jan. 7 shooting
A U.S. Immigration and Customs Enforcement agent shot and killed Renee Good in Minneapolis on Jan. 7 as she attempted to drive away from law enforcement during a protest.
Since Good’s killing, ICE has faced national backlash over the excessive use of deadly force, prompting the Trump-Vance administration to double down on escalating enforcement measures in cities across the country.
The Washington Blade spoke with Antonio Romanucci, the attorney representing Good’s family following her death.
Romanucci said that Jonathan Ross — the ICE agent seen on video shooting Good — acted in an antagonizing manner, escalated the encounter in violation of ICE directives, and has not been held accountable as ICE and other federal agents continue to “ramp up” operations in Minnesota.
A day before the fatal shooting, the Department of Homeland Security began what it described as the largest immigration enforcement operation ever carried out by the agency, according to DHS’s own X post.
That escalation, Romanucci said, is critical context in understanding how Good was shot and why, so far, the agent who killed her has faced no consequences for killing a queer mother as she attempted to disengage from a confrontation.
“You have to look at this in the totality of the circumstances … One of the first things we need to look at is what was the mission here to begin with — with ICE coming into Minneapolis,” Romanucci told the Blade. “We knew the mission was to get the worst of the worst, and that was defined as finding illegal immigrants who had felony convictions. When you look at what happened on Jan. 7 with Renee and Rebecca [Good, Renee’s wife], certainly that was far from their mission, wasn’t it? What they really did was they killed a good woman — someone who was a mother, a daughter, a sister, a committed companion, an animal lover.”
Romanucci said finding and charging those responsible for Good’s death is now the focus of his work with her family.
“What our mission is now is to ensure that we achieve transparency, accountability, and justice … We aim to get it in front of, hopefully, a judge or a jury one day to make that determination.”
Those are three things Homeland Security Secretary Kristi Noem and DHS has outright rejected while smearing Good in the official record — including accusing her of being a “domestic terrorist” without evidence and standing by Ross, who Noem said acted in self-defense.
The version of events advanced by Noem and ICE has been widely contradicted by the volume of video footage of the shooting circulating online. Multiple angles show Good’s Honda Pilot parked diagonally in the street alongside other protesters attempting to block ICE agents from entering Richard E. Green Central Park Elementary School.
The videos show ICE officers approaching Good’s vehicle and ordering her to “get out of the car.” She then puts the car in reverse, backs up briefly, shifts into drive, and steers to the right — away from the officers.
The abundance of video evidence directly contradicts statements made by President Donald Trump, Noem, and other administration officials in interviews following Good’s death.
“The video shows that Renee told Jonathan Ross that ‘I’m not mad at you,’ so we know that her state of mind was one of peace,” Romanucci said. “She steered the car away from where he was standing, and we know that he was standing in front of the car. Reasonable police practices say that you do not stand in front of the car when there’s a driver behind the wheel. When you leave yourself with only the ability to use deadly force as an option to escape, that is not a reasonable police practice.”
An autopsy commissioned by Good’s family further supports that account, finding that her injuries were consistent with being shot from the direction of someone driving away.
The autopsy found three gunshot wounds: one to Good’s left forearm, one that struck her right breast without piercing major organs, and a third that entered the left side of her head near the temple and exited on the right side.
Romanucci said Ross not only placed himself directly in harm’s way, but then used deadly force after creating the conditions he claimed justified it — a move that violates DHS and ICE policy, according to former Assistant Homeland Security Secretary Juliette Kayyem.
“As a general rule, police officers and law enforcement do not shoot into moving cars, do not put themselves in front of cars, because those are things that are easily de-escalated,” Kayyem told PBS in a Jan. 8 interview.
“When he put himself in a situation of danger, the only way that he could get out of danger is by shooting her, because he felt himself in peril,” Romanucci said. “That is not a reasonable police practice when you leave yourself with only the ability to use deadly force as an option. That’s what happened here. That’s why we believe, based on what we’ve seen, that this case is unlawful and unconstitutional.”
Romanucci said he was appalled by how Trump and Noem described Good following her death.
“I will never use those words in describing our client and a loved one,” he said. “Those words, in my opinion, certainly do not apply to her, and they never should apply to her. I think the words, when they were used to describe her, were nearly slanderous … Renee Good driving her SUV at two miles per hour away from an ICE agent to move down the street is not an act of domestic terrorism at all.”
He added that his office has taken steps to preserve evidence in anticipation of potential civil litigation, even as the Justice Department has declined to open an investigation.
“We did issue a letter of preservation to the Department of Justice, Department of Homeland Security, and other agencies to ensure that any evidence that’s in their possession be not destroyed or altered or modified,” Romanucci said. “We’ve heard Todd Blanche say just in the last couple of days that they don’t believe that they need to investigate at all. So we’re going to be demanding that the car be returned to its rightful owner, because if there’s no investigation, then we want our property back.”
The lack of accountability for Ross — and the continued expansion of ICE operations — has fueled nationwide protests against federal law enforcement under the Trump-Vance administration.
“The response we’ve seen since Renee’s killing has been that ICE has ramped up its efforts even more,” Romanucci said. “There are now over 3,000 ICE agents in a city where there are only 600 police officers, which, in my opinion, is defined as an invasion of federal law enforcement officers into a city … When you see the government ramping up its efforts in the face of constitutional assembly, I think we need to be concerned.”
As of now, Romanucci said, there appears to be no meaningful accountability mechanism preventing ICE agents from continuing to patrol — and, in some cases, terrorize — the Minneapolis community.
“What we know is that none of these officers are getting disciplined for any of their wrongdoings,” he said. “The government is saying that none of their officers have acted in a wrongful manner, but that’s not what the courts are saying … Until they get disciplined for their wrongdoings, they will continue to act with impunity.”
When asked what the public should remember about Good, Romanucci emphasized that she was a real person — a mother, a wife, and a community member whose life was cut short. Her wife lost her partner, and three children lost a parent.
“I’d like the public to remember Renee about is the stories that Rebecca has to tell — how the two of them would share road trips together, how they loved to share home-cooked meals together, what a good mother she was, and what a community member she was trying to make herself into,” Romanucci said. “They were new to Minneapolis and were really trying to make themselves a home there because they thought they could have a better life. Given all of that, along with her personality of being one of peace and one of love and care, I think that’s what needs to be remembered about Renee.”
The White House
Trump-Vance administration ‘has dismantled’ US foreign policy infrastructure
Current White House took office on Jan. 20, 2025
Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights, on the eve of the first anniversary of the Trump-Vance administration said its foreign policy has “hurt people” around the world.
“The changes that they are making will take a long time to overturn and recover from,” she said on Jan. 14 during a virtual press conference the Alliance for Diplomacy and Justice, a group she co-founded, co-organized.
Amnesty International USA National Director of Government Relations and Advocacy Amanda Klasing, Human Rights Watch Deputy Washington Director Nicole Widdersheim, Human Rights First President Uzra Zeya, PEN America’s Jonathan Friedman, and Center for Reproductive Rights Senior Federal Policy Council Liz McCaman Taylor also participated in the press conference.
The Trump-Vance administration took office on Jan. 20, 2025.
The White House proceeded to dismantle the U.S. Agency for International Development, which funded LGBTQ and intersex rights organizations around the world.
Secretary of State Marco Rubio last March announced the State Department would administer the 17 percent of USAID contracts that had not been cancelled. Rubio issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the U.S. foreign aid freeze the White House announced shortly after it took office.
The global LGBTQ and intersex rights movement has lost more than an estimated $50 million in funding because of the cuts. 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.
Stern noted the State Department “has dismantled key parts of foreign policy infrastructure that enabled the United States to support democracy and human rights abroad” and its Bureau of Democracy, Human Rights, and Labor “has effectively been dismantled.” She also pointed out her former position and others — the Special Representative for Racial Equity and Justice, the Ambassador-at-Large for Global Women’s Issues, and the Ambassador-at-Large for Global Criminal Justice — “have all been eliminated.”
President Donald Trump on Jan. 7 issued a memorandum that said the U.S. will withdraw from the U.N. Entity for Gender Equality and the Empowerment of Women and more than 60 other U.N. and international entities.
Rubio in a Jan. 10 Substack post said UN Women failed “to define what a woman is.”
“At a time when we desperately need to support women — all women — this is yet another example of the weaponization of transgender people by the Trump administration,” said Stern.
US ‘conducting enforced disappearances’
The Jan. 14 press conference took place a week after a U.S. Immigration and Customs Enforcement agent killed Renee Good, a 37-year-old woman who left behind her wife and three children, in Minneapolis. American forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation. Trump also continues to insist the U.S. needs to gain control of Greenland.
Widdersheim during the press conference noted the Trump-Vance administration last March sent 252 Venezuelans to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.
One of them, Andry Hernández Romero, is a gay asylum seeker who the White House claimed was a member of Tren de Aragua, a Venezuelan gang the Trump-Vance administration has designated as an “international terrorist organization.” Hernández upon his return to Venezuela last July said he suffered physical, sexual, and psychological abuse while at CECOT.
“In 2025 … the United States is conducting enforced disappearances,” said Widdersheim.
Zeya, who was Under Secretary of State for Civilian Security, Democracy, and Human Rights from 2021-2025, in response to the Blade’s question during the press conference said her group and other advocacy organizations have “got to keep doubling down in defense of the rule of law, to hold this administration to account.”
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