National

Prop 8 attorneys file brief before Supreme Court

Lawyers argue measure labels LGBT families as ‘second-rate’

Published

14 years ago

February 21, 2013

Chris Johnson

Ted Olson was among attorneys who signed AFER’s brief against Prop 8. (Washington Blade file photo by Michael Key)

The legal team behind the challenge to California’s Proposition 8 filed its brief on Thursday before the Supreme Court asking it to declare the anti-gay measure unconstitutional.

The 54-page brief, signed by co-counsels Ted Olson and David Boies on behalf of the American Foundation for Equal Rights, asserts that Prop 8 — a ballot initiative passed by California voters in 2008 — should be struck down because prohibiting same-sex couples from marrying in California violates due process and equal protection under the U.S. Constitution.

“It denies gay men and lesbians their identity and their dignity; it labels their families as second-rate,” the brief concludes. “That outcome cannot be squared with the principle of equality and the unalienable right to liberty and the pursuit of happiness that is the bedrock promise of America from the Declaration of Independence to the Fourteenth Amendment, and the dream of all Americans.”

The brief is divided into three sections. The first maintains proponents of Prop 8, such as ProtectMarriage.com, don’t have standing to defend the measure before the Supreme Court because they won’t be harmed if gay couples marry in California. Attorneys also argue their desire to defend the law is insufficient to meet standing requirements under Article III of the U.S. Constitution.

A substantial part of the brief is devoted to arguing that Prop 8 is unconstitutional based on the merits. The second section of the brief maintains the measure violates due process because the right to marry is fundamental. This section also tears into the argument that proponents outlined in their brief before the Supreme Court the purpose of marriage is procreation is incorrect based on the trial record in the case.

“Indeed, many persons become parents through adoption or assisted reproduction and exercise their constitutional rights to marry and raise those children in a recognized family unit,” the brief states. “Yet Proponents’ assertions about marriage — and that is all that they are — would leave adoptive parents and infertile couples without any constitutional protection against a State that prohibits them from marrying.”

The third section of the brief argues that denying gay couples the right to marry violates their equal protection rights — not to mention the constitutional rights of the estimated 40,000 children raised in same-sex households.

This argument is divided into three sections: 1) discrimination on the basis of sexual orientation merits heightened scrutiny, or greater assumption such laws are unconstitutional ; 2) laws that prohibit gay men from marrying don’t meet the lesser standard of rational basis review and heightened scrutiny; and 3) Prop 8 is unconstitutional because it was motivated out of desire to make gay people unequal to straight people.

“The absence of any rational justification for depriving gay men and lesbians of their right to marry, and marking their relationships as inferior to those of heterosexual couples, leads inexorably to the conclusion that Proposition 8’s principal purpose was to advance the majority’s moral disapproval of gay relationships,” the brief states.

Notably, the brief is along the lines of the ruling from U.S. District Judge Vaughn Walker against the anti-gay brief. It doesn’t delve into the narrower ruling made against Prop 8 by the U.S. Ninth Circuit Court of Appeals that the measure is unconstitutional because it took away marriage rights from gay couples after they once enjoyed them in the state after the California Supreme Court ruled in favor of marriage equality in 2008.

But during a conference call with reporters on the same day the brief was filed, Olson assured the media that the argument that attorneys are “embracing” the Ninth Circuit ruling in their brief and it’s important to all arguments against Prop 8 are being made from the top down.

The brief from AFER wasn’t the only one filed on Thursday in the Prop 8 case. The Supreme Court allowed San Francisco City Attorney Dennis Herrera and Chief Deputy City Attorney Therese Stewart to participate in the case. They articulated arguments against Prop 8 in a 62-page document.

That brief makes arguments along the lines made by AFER that Prop 8 violated due process and equal protection, but the brief also makes the case that Prop 8 can be invalidated even as the national debate continues on same-sex marriage.

“Petitioners’ argument derogates the most im- portant role this Court serves in our democracy: to protect the constitutional rights of minorities from encroachment by an unsympathetic majority,” the brief states. “The responsibility to protect individual rights does not transfer to the political process when the dispute happens to be “controversial.”

The next step in the process for the Prop 8 case is for opponents of the measure to file their friends-of-the-court brief before the Feb. 28 — one week from the day these briefs were filed. Opponents of Prop 8 are hoping the Obama administration will be among those filing such a brief. Oral arguments in the Prop 8 case are set for March 26.

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Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

Published

3 hours ago

September 1, 2026

Joe Reberkenny

The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

Congress

HRC president campaigns for Chris Pappas in NH

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

Published

23 hours ago

August 31, 2026

Michael K. Lavers

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.

We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.

Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o

— Chris Pappas (@ChrisPappasNH) August 30, 2026

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.

National

Milo Yiannopoulos deported to UK

ICE arrested far-right provocateur in New Orleans on Thursday

Published

4 days ago

August 28, 2026

Michael K. Lavers

Milo Yiannopoulos (Photo via Homeland Security @DHSgov/X account)

Editor’s note: The Department of Homeland Security on Saturday said Milo Yiannopoulos has been deported to the U.K.

U.S. Immigration and Customs Enforcement on Thursday arrested far-right provocateur Milo Yiannopoulos.

A DHS spokesperson in a statement sent to the Washington Blade said ICE arrested Yiannopoulos, who they described as “an illegal alien from the United Kingdom,” at Louis Armstrong New Orleans International Airport.

The DHS spokesperson said Yiannopoulos “legally entered the country” in New York on May 14, 2019.

“He chose to overstay his welcome in violation of our nation’s laws,” said the spokesperson.

The DHS spokesperson said an immigration judge on July 22 “issued a final order of removal” for Yiannopoulos “after failing to show up for his immigration hearing.” The Times-Picayune newspaper in New Orleans on Friday reported Yiannopoulos is being held at an ICE detention center in Alexandria, La., which is about 200 miles northwest of the Crescent City.

“He will remain in ICE custody pending removal,” said the DHS spokesperson.

Yiannopoulos has, among other things, repeatedly targeted transgender people and Muslims.

The American Conservative Union, which organizes the annual Conversative Political Action Conference, in 2017 disinvited Yiannopoulos from speaking at that year’s CPAC after a video in which he appeared to condone sex between adults and underage boys emerged. Yiannopoulos subsequently resigned from Breitbart News, a far-right news website, where he had been a senior editor.

Yiannopoulos later that year married his boyfriend in Hawaii. The far-right provocateur in 2021 claimed he was an “ex-gay.”

The Australian government in 2019 banned Yiannopoulos from entering the country “on character grounds.” Yiannopoulos was also banned from Facebook, Twitter (now X), and other social media platforms.

**Milo Yiannopoulos** speaks at a “Gays for Trump” event during the 2016 Republican National Convention in Cleveland. (Washington Blade file photo by Michael Key)

The Times-Picayune reported Yiannopoulos “most recently worked for” Ye, formerly known as Kanye West.

The controversial rapper is scheduled to perform in New Orleans on Friday.

Laura Loomer, a far-right conspiracy theorist who is close to President Donald Trump, has called for Yiannopoulos’s deportation. Loomer on Friday wrote on X that she “reported him to ICE and the FBI” after he “called for me to be assassinated.”