News
Utah judge legalizes same-sex marriage
No stay in decision means gay couples can apply for licenses immediately
A federal judge in Utah has ruled the state’s constitutional ban on same-sex nuptials is unconstitutional, enabling gay couples in the state to apply for marriage licenses immediately.
U.S. District Judge Robert Shelby, an Obama appointee, issued 53-pageĀ decision on Friday, determining the state’s ban on same-sex marriage violates gay couples’ rights under the 14th Amendment of the U.S. Constitution.
“Applying the law as it is required to do, the court holds that Utahās prohibition on same- sex marriage conflicts with the United States Constitutionās guarantees of equal protection and due process under the law,” Shelby writes. “The Stateās current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.”
The decision ā handed down in response to a request for summary judgment from all parties involved ā makes Utah the 18th state in the country where same-sex marriage is legal. No stay was placed in the decision, so gay couples can apply for marriage licenses immediately.
One such couple, Seth Anderson and his new spouse, documented their application for a marriage license in Utah on Twitter within an hour after the ruling.
Me and my new husband!! My polygamous Mormon great grandparents would be so proud! pic.twitter.com/82xyh9GJoS
ā Seth Anderson (@jsethanderson) December 20, 2013
Gov. Gary Herbert (R-Utah) opposes same-sex marriage and defended the ban against the litigation in court, so is expected to appeal the decision to the U.S. Tenth Circuit Court of Appeals. Herbert, along with Acting Attorney General Brian Tarbet, filed a notice of appeal with the district court following the ruling.
In a statement, Tarbet said his office is requesting an emergency stay in anticipation of an appeal to higher court.
“The federal district courtās ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit,” Tarbet said. “The state is requesting an emergency stay pending the filing of an appeal. The Attorney Generalās Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah.”
Earlier, Herbert said he’s “disappointed” with the judge’s ruling and is examining ways to keep the ban to same-sex marriage in place within the state.
āI am very disappointed an activist federal judge is attempting to override the will of the people of Utah,” Herbert said. “I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah.ā
The ruling marks the second time a court has struck down a ban on same-sex marriage that was constitutional and not statutory. The first was the 2010 ruling against California’s Proposition 8. It’s also the first time a court struck down a constitutional ban on same-sex marriage in the aftermath of the U.S. Supreme Court’s decisions on Prop 8 and Section 3 of the Defense of Marriage Act.
Shannon Minter, legal director for the National Center for Lesbian Rights, told the Washington Blade the decision is “a huge win” ā not just for same-sex couples in Utah, but the entire country.
“To have such a historic ruling take place in Utah speaks volumes about our countryās trajectory from discrimination to acceptance and support for same-sex couples and their families,” Minter said.
The challenge to the law was brought by three Utah couples ā Derek Kitchen and Moudi Sbeity; Karen Archer and Kate Call; and Laurie Wood and Kody Partridge ā whoĀ were represented by the law firm of Magleby & Greenwood.Ā The couples either wished to be married in Utah or were legally married elsewhere and wanted their home state to recognize their marriage.
The decision makes heavy use of the Supreme Court decision against DOMA as part of the reasoning striking down Utah’s ban on same-sex marriage. Ironically,Ā Shelby draws on the dissent of U.S. Associate Justice Antonin Scalia, who wrote it would be “easy” for judges to apply the DOMA decision to state laws banning same-sex marriage.
“The court agrees with Justice Scaliaās interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law,” Shelby writes.
Utah voters in 2004 approved the state constitutional ban on same-sex marriage, known as Amendment 3, by a margin of 65.8 percent to 33.2 percent. It bans both same-sex marriage and marriage-like unions.
Shelby writes the issue of same-sex marriage is “politically charged in the current climate” and more so because the current law is in place as a result of referendum. However, Shelby rules that even a vote of the people can’t defy the U.S. Constitution.
“It is only under exceptional circumstances that a court interferes with such action,” Shelby writes. “But the legal issues presented in this lawsuit do not depend on whether Utahās laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself, and on the interpretation of that document contained in binding precedent from the Supreme Court and the Tenth Circuit Court of Appeals.”
The judge concludes by drawing on the 1966 case of Loving v. Virginia, which struck down state bans on interracial marriage throughout the country, saying the defense in favor of these bans 50 years ago is the same the state provided for Utah’s ban on same-sex marriage.
“For the reasons discussed above, the court finds these arguments as unpersuasive as the Supreme Court found them fifty years ago,” Shelby writes. “Anti-miscegenation laws in Virginia and elsewhere were designed to, and did, deprive a targeted minority of the full measure of humanĀ dignity and liberty by denying them the freedom to marry the partner of their choice. Utahās Amendment 3 achieves the same result.”
Marc Solomon, national campaign director for the LGBT group Freedom to Marry, said ruling represents a historic end to a year of tremendous success for the marriage equality movement.
“The federal district judge has done the right thing by affirming that marriage is a fundamental freedom for all people, gay and non-gay ā for all of us who believe in liberty and fairness,” Solomon said. “We hope that officials implement this ruling statewide. As same-sex couples celebrate their weddings, more people will see that sharing in the freedom to marry helps families and harms no one.ā
The White House
Jane Rigby awarded Presidential Medal of Freedom
Sitting among a diverse and venerable group of Americans from every walk of life on the dais in the East Room of the White House on May 3 was lesbian and NASA astrophysicist Jane Rigby, awaiting her turn to be honored by President Joe Biden who would bestow the Presidential Medal of Freedom, the nationās highest civilian honor, on her.
Rigby, an astronomer who grew up in Delaware, is the chief scientist of the worldās most powerful telescope who alongside her team operating NASAās James Webb Space Telescope, studies every phase in the history of the universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of the solar system.
A member of Penn Stateās Class of 2000, Rigby graduated with a bachelorās degrees in physics and astronomy. She also holds a masterās degree and a PhD in astronomy from at the University of Arizona. Her work as the senior project scientist for NASAās Webb Telescope includes studies on how galaxies evolve over cosmic time and she has published more than 140 peer-reviewed scientific papers.
Rigby was named to Nature.comās 2022 list of 10 individuals who shaped science and to the BBCās list of 100 inspiring and influential women in the same year. Rigby had postdoctoral fellowships at Carnegie Observatories in Pasadena, Calif., before landing her job at Goddard Space Flight Center. In 2013 Rigby was awarded the Robert H. Goddard Award for Exceptional Achievement for Science.
A founding member of the American Astronomical Societyās Working Group on LGBTQ Equality in January 2012, now called the Committee for Sexual Orientation and Gender Minorities in Astronomy, Rigby serves as its Board Liaison until her term expires this June.
The lesbian astrophysicist in an interview for SGMAās website spoke about her experiences including coming out:
āIāve been out since 2000. My storyās simple ā I fell in love with a fellow grad student in the department. It was a close-knit department, so hiding would have been ludicrous. Nor did I want to hide the best thing in my life! So, we were out as grad students. I certainly heard people say awful homophobic things at work there. They werenāt directed at me, and they werenāt said by people with power over me. If I recall, I was much less afraid of homophobic discrimination at work, than I was afraid of the two-body problem, and the lack of support we would receive as a same-sex couple in astronomy. That fear turned out to be justified. Iāve seen numerous different-sex couples get a wide range of support in solving the two-body problem, which was never offered to us,ā she told the interviewer.
She reflected on American astronaut and physicist Sally Ride, her childhood role model who had an impact on her career:
āOne of my biggest role models when I was young was Dr. Sally Ride. A few years ago, on her deathbed, Dr. Ride chose to write in her obituary that her life partner had been a woman. Dr. Ride was the most influential woman scientist when I was growing up ā the person that made me say, āI want to do THAT when I grow up.ā It was because of her that I realized that astrophysics was a profession, that physics was a subject girls could study, that NASA needed astrophysicists. So Iām so ā¦ amused, I suppose, that Sally Ride was this influence on my lifeās path, at a time when I was completely unaware that it was even possible to *be gay* ā and at the same time, she was gay, in love, and deeply closeted to keep her job.ā
The interviewer noted that āfor some women being gay is a cause for concern at the work place. Some say they were unsure about how to turn their sexual orientation into a positive aspect of their work persona.ā Then asked Rigby what is your view on this?
āMy experience is that absolutely I am a *better* astronomer because Iām queer. For a few reasons. First, I see things different than my colleagues. On mission work, as we weigh a decision, my first thought is always the community impact: ‘If we do things this way, who benefits, and who gets left out in the cold?’ Will this policy create inclusion, or marginalization? I think about science in terms of community-building. What team do we need to tackle a given science problem, with skills that are different from mine? Absolutely I think that way because Iām an outsider, because Iāve been marginalized. And because community-building is central to LGBTQ culture,ā she said.
Editorās note: You can read Rigbyās complete SGMA interview here: (Link)
Married to Dr. Andrea Leistra, Rigby, her wife and their young child reside in Maryland not far from her workplace at the NASA Goddard Space Flight Center in suburban Washington and when not studying the universe is often found on the neighboring Chesapeake Bay wind boarding, a favored pastime.
Also honored in the ceremony Friday were a former U.S. vice president, a civil rights worker and martyr, two former Cabinet secretaries ā one a former U.S. secretary of state, a speech writer for the late Dr. Martin Luther King Jr., an Olympian and gold medalist, and one of the most powerful woman political leaders and the speaker emeritus of the U.S. House of Representatives, among others, and LGBTQ advocate Judy Shepard.
WATCH
Arts & Entertainment
Washington Bladeās Pride on the Pier and fireworks show returning June 8
The annual Pride on the Pier Fireworks Show presented by the Leonard-Litz Foundation will take place on Saturday, June 8 at 9 p.m.
The Washington Blade, in partnership with LURe DC and The Wharf, is excited to announce the 5th annual Pride on the Pier and fireworks show during D.C. Pride weekend on Saturday, June 8, 2024, from 2-10 p.m.
The event will include the annual Pride on the Pier Fireworks Show presented by the Leonard-Litz Foundation at 9 p.m.
Pride on the Pier extends the cityās annual celebration of LGBTQ visibility to the bustling Southwest waterfront with an exciting array of activities and entertainment for all ages. The District Pier will offer DJs, dancing, drag, and other entertainment. Alcoholic beverages will be available for purchase for those 21 and older. Local DJās Heat, Eletrox and Honey will perform throughout the event.
3 p.m. – Capital Pride Parade on the Big Screen
3:30 p.m. – Drag Show hosted by Cake Pop!
9 p.m. – Fireworks Show Presented by Leonard-Litz Foundation
The event is free and open to the public. The Dockmasters Building will be home to a VIP experience. To learn more and to purchase tickets go to www.prideonthepier.com/vip. VIP tickets are limited.
Event sponsors include Absolut, Buying Time, Capital Pride, DC Brau, DC Fray, Burney Wealth Management,Ā Infinate Legacy, Leonard-Litz Foundation,Ā Mayor’s Office of LGBTQ Affairs, MISTR, NBC4, The Wharf. More information regarding activities will be released at www.PrideOnThePier.com
Maryland
Trone discusses transgender niece
Blade interviewed Md. congressman, Angela Alsobrooks last week
Editor’s note: The Washington Blade last week interviewed both U.S. Rep. David Trone (D-Md.) and Prince George’s County Executive Angela Alsobrooks. The full interviews with both Democratic candidates for retiring U.S. Sen. Ben Cardin (D-Md.)’s seat will be on the Blade’s website later this week.
Maryland Congressman David Trone last week discussed his transgender niece during an interview with the Washington Blade about his U.S. Senate campaign.
Trone, who is running to succeed retiring U.S. Sen. Ben Cardin (D-Md.), on May 1 told the Blade during a telephone interview that his niece transitioned when she was in her early 20s. Trone also noted she attended Furman University, a small, liberal arts university in Greenville, S.C.
“I was concerned about how she would be able to transition there,” said Trone.
Trone, who founded Total Wine & More, attended Furman University as an undergrad and is on the school’s board of trustees. Trone told the Blade he donated $10 million to the university to “build out their mental health capacity, which I felt was a way that she could have the best mental health care possible when she worked her way through (her) transition.”
Trone’s niece graduated from the university after she spent five years there.
“She had a great relationship with Furman,” said Trone.
Trone and Prince George’s County Executive Angela Alsobrooks are the leading Democrats running to succeed Cardin. The winner of the May 14 Democratic primary will face former Maryland Gov. Larry Hogan in November.