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Utah calls on Supreme Court to halt same-sex marriages

Private attorney Monte Stewart listed as ‘counsel of record’ for the state

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Gary Herbert, Utah, Republican Party, gay news, Washington Blade
Gary Herbert, Utah, Republican Party, gay news, Washington Blade

Utah Gov. Gary Herbert is calling on the U.S. Supreme Court to halt same-sex marriages in Utah (Photo public domain).

After nearly 11 days have passed with marriage equality in Utah, state officials on Tuesday formally made their request with the U.S. Supreme Court to halt same-sex marriages taking place in the state.

Attorneys for Utah officials — Gov. Gary Herbert (R) and newly sworn-in Attorney General Sean Reyes — filed the 26-page stay request with U.S. Associate Justice Sonia Sotomayor, who’s responsible for the Tenth Circuit.

“As a result of the district court’s injunction, numerous same-sex marriages are now occurring every day in Utah,” the request states. “And each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels…but also to this court’s unique role as final arbiter of the profoundly important constitutional question that is so carefully preserved in Windsor.”

Gay couples have started marrying in Utah since Dec. 20, when U.S. District Judge Robert Shelby ruled the 2004 state ban on same-sex marriage known as Amendment 3 was unconstitutional.

After appealing the decision to the U.S. Tenth Circuit Court of Appeals, state officials have made several stay requests to halt the same-sex marriages. Following decisions from the district court and the Tenth Circuit to deny the stay requests, state officials swore to take up the matter with the Supreme Court.

Now that the stay request is before the high court, Sotomayor has the option of referring the request to all of her colleagues on the bench, who would provide the final word on whether a stay would be granted on same-sex marriages.

However, if Sotomayor goes it alone and decides against the stay, Utah officials may select any justice on the Supreme Court — such as a justice with an anti-gay reputation like U.S. Associate Justice Antonin Scalia — and make a final attempt to request a stay.

Doug NeJaime, who’s gay and law professor at the University of California, Irvine, said he expects Sotomayor to refer the request to the entire court, but isn’t able make a prediction on what will happen.

“Even justices sympathetic to the cause of same-sex marriage may think that a stay makes sense so as not to rush a substantive resolution by the court,” NeJaime said. “Last term we saw that the Court was hoping to let the issue keep moving forward without settling it, but the Utah case puts the issue back before the court very soon after Windsor and Hollingsworth. It’s unclear what will happen, but there are likely some justices hoping to hold off on deciding the big question.”

According to SCOTUSblog, Sotomayor has already requested a response to the Utah stay application by noon on Friday. Until that time, the court won’t take action on the stay.

Beefing up their arguments in their initial requests, Utah officials base their request for a stay, among other reasons, on the likelihood the Supreme Court will take up the marriage issue and on the Supreme Court’s ruling against Section 3 of the Defense of Marriage Act.

“And if DOMA’s non-recognition was an impermissible ‘federal intrusion on state power’ to define marriage, surely there is at least a good prospect that a majority of this court will ultimately hold the district court’s far more intrusive order and injunction valid, and in so doing vindicate the prerogative of Utah and its citizenry to retain the traditional definition of marriage if they so choose,” the request states.

Utah officials also express concern for same-sex couples marrying in the Utah in the event that a ruling from a higher court would abrogate their unions, saying a stay is needed to “avoid needless injuries to same-sex couples and their families that would follow.”

According to the Salt Lake Tribune, more than 1,225 marriage licenses were issued in Utah in the first six days of marriage equality between Dec. 20 and Dec 26. Of those, at least 74 percent were issued to same-sex couples.

Twice in the stay request, Utah officials cite a 2012 report from Mark Regnerus as evidence for why same-sex parents aren’t as fit biological opposite-sex parents. That report has been debunked for failing to control for error.

James Magleby, an attorney at Magleby & Greenwood PC representing same-sex couples in the case, chided Utah state officials for pursing the stay on same-sex marriages.

“It doesn’t have to be this way,” Magleby said. “The State of Utah should carefully consider its other options, in particular the fiscally responsible decision by New Jersey Governor Chris Christie, to save his state from further legal expenditures and to put a divisive issue in the past, by deciding not to pursue an appeal from an analogous ruling.”

Utah state officials are calling on the Supreme Court to halt same-sex marriages as they’ve indicated they’re collaborating with outside counsel to the defend the marriage law. In a statement on its website last week, the attorney general’s office said it was putting off the stay request for a few days “[d]ue to the necessity of coordination with outside counsel.”

Consistent with what was reported earlier, the stay request indicates Monte Stewart, a private attorney with Stewart, Taylor & Morris and a history of advocacy against same-sex marriage, is listed as counsel of record for the state. A founder of Utah-based Marriage Law Foundation, Stewart has written numerous tracts in opposition to marriage equality, including a 2008 article in the Harvard Journal of Law & Public Policy titled, “Marriage Facts.”

According to the Deseret News, the cost for Utah to hire outside counsel to defend the state’s marriage law is expected to reach nearly $2 million. Moreover, state lawmakers support the decision to defend the law at that cost. House Speaker Becky Lockhart reportedly said after House leaders heard the projected cost from Reyes, they “felt comfortable telling him, ‘Move forward with what you think is in the best interest of the state.'”

Utah sources familiar with the decision to hire outside counsel say state officials are doing so because the attorney general is too fresh on the job and because the state wants an expert on the subject matter to defend the marriage law.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said in a statement last week that hiring outside counsel to defend the marriage law would be a bad move for Utah.

“Defending discrimination is indefensible,” Sainz said. “Defending discrimination while spending millions of taxpayer dollars to do it is beyond explanation. It is an affront to all Utahans that their hard-earned tax dollars – money that should be going into schools, roads or health programs – will instead be used to cement the state on the wrong side of history.”

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Malaysia

Malaysia blocks access to Grindr, other gay dating websites

Restrictions part of continued anti-LGBTQ crackdown

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(Image by Flogel/Bigstock)

Malaysia has blocked access to Grindr, Blued, and other gay dating websites, and is now considering further steps to restrict their mobile application. 

Communications Minister Fahmi Fadzil on Feb. 25 said the government is pursuing legal measures to curb the availability of LGBTQ dating apps on Google’s Play Store and Apple’s App Store.

Fadzil, in a written parliamentary reply, said the Malaysian Communications and Multimedia Commission has not received any requests to remove the mobile versions of Grindr and Blued from app stores, noting the challenges of regulating platforms owned by foreign companies.

“Control over applications on platforms such as Google Play and Apple Store is subject to regulations and policies set by the said platform providers, since both applications are owned by foreign companies operating outside of Malaysia,” Fadzil said. “This includes those that spread lewd or immoral content, exploitation, abuse, scams, exploiting children or threats towards public safety.”

Fadzil was responding to a question about whether the Malaysian Communications and Multimedia Commission had worked with app store providers to block downloads of such apps.

The Washington Blade reached out to Google and Apple multiple times for comment but did not receive a response.

Malaysia has stepped up digital restrictions targeting the LGBTQ community as part of a broader crackdown on what authorities describe as “deviant” or immoral content. Consensual same-sex sexual relations remain criminalized in the country under both civil and Sharia law.

Malaysia has proposed a Cyber Crime Bill that would expand the government’s legal powers to address the misuse of digital platforms, including the promotion of same-sex dating applications, Deputy Prime Minister Ahmad Zahid Hamidi said. The bill would replace the Computer Crimes Act of 1997.

“We are disappointed in the decision to block access to Grindr in Malaysia and believe that online platform regulation should be proportionate and consistent with international human rights law,” a Grindr spokesperson told the Blade in an email. 

“At Grindr, our mission is to help make a world where the lives of our global community are free, equal, and just,” added the spokesperson. “For many of our users, Grindr is often the primary way for them to connect, express themselves, and discover the world around them. In addition to serving as an important source of information, Grindr is committed to advancing the health and well-being of the community around the world and through our social impact initiative, Grindr for Equality, we partner with hundreds of advocates, community-based organizations, and public health agencies to support the global LGBTQ+ community.”

Grindr, based in California, is popular around the world. Blued, a China-based app that BlueCity operates, is one of the world’s largest social networking and dating platforms for gay men.

Blued did not respond to the Blade’s request for comment.

Online platforms ‘critical for LGBTQ people’

Malaysian authorities in May 2023 raided Swatch stores at shopping malls across the country and confiscated more than 160 rainbow-colored watches from the company’s Pride collection, saying the designs carried “LGBT connotations.” The raids, which the Home Affairs Ministry carried out, were widely criticized by advocacy groups.

Police last June opened an investigation into a closed-door LGBTQ sexual health workshop. 

Selangor police chief Hussein Omar Khan said authorities were examining the event under the Penal Code for allegedly causing “disharmony or ill will” on religious grounds, as well as under the Communications and Multimedia Act, a law frequently used to police online speech. Critics said the investigation reflected growing government overreach and warned against the criminalization of public health initiatives aimed at marginalized communities. Activists cited this case as another example of Prime Minister Anwar Ibrahim’s crackdown on LGBTQ rights.

The Home Affairs Ministry in November 2020 banned the book “Gay Is OK! A Christian Perspective,” written by Pastor Oyoung and published by Gerakbudaya in 2013, saying it was likely to be “prejudicial to public order, morality and the public interest.” The Kuala Lumpur High Court later overturned the ban and ordered the respondents — then-Home Affairs Minister Hamzah Zainudin and the Malaysian government — to pay costs of 5,000 Malaysian ringgit ($1,276.81.)

A 2014 Human Rights Watch report documented widespread discrimination and abuse against transgender women in the country. 

The report found that trans people face arrests under laws that effectively criminalize “cross-dressing,” along with harassment and abuse by police and religious authorities. It also described systemic discrimination in employment, health care, and education, leaving many trans women marginalized and vulnerable to violence and exploitation.

Thilaga Sulathireh, a founding member of Justice for Sisters, a Malaysian trans rights group, said restrictions on LGBTQ people’s freedom of expression through censorship have been an ongoing trend in Malaysia over the past decade. 

Sulathireh said there have been increasing calls to curb what critics describe as “LGBT normalization” in films, books, and social media, which activists link to what they say is a harmful and inaccurate perception that LGBTQ people are immoral. Sulathireh added Grindr had been blocked in Malaysia for several years and that, as of last weekend, the app was no longer available on Google Play and the Apple App Store. Sulathireh said Justice for Sisters views the move as a serious violation of LGBTQ people’s rights to nondiscrimination, dignity, privacy, and freedom of expression.

“The blocking of LGBTQ related apps is part of the on-going and increasing trend of state sponsored discrimination against LGBTQ people in Malaysia,” Sulathireh told the Blade in an email. “In late February, the deputy minister in the prime minister’s (Religious Affairs) Department announced that the government is opting to replace references to LGBT persons with the term “budaya songsang” (deviant culture) and encouraged others to do the same to avoid LGBT normalization in all spaces, including social media. At the same time, called on members of the public to immediately report ‘suspicious activities, events or content.’”

Sulathireh told the Blade a deputy minister recently outlined a range of government-led initiatives targeting LGBTQ people in Malaysia. 

According to Sulathireh, these include so-called “spiritual guidance camps.” Sulathireh said some participants, including those who identify as “ex-LGBT” or part of the “hijrah” community, have been encouraged to act as peer educators to reach other LGBTQ people. 

Additional initiatives the deputy minister listed include academic Islamic conferences, state-level sermons coordinated by the state Islamic councils, and mosque-level programs. Sulathireh told the Blade the government presented a paper to the Council of Rulers outlining what officials described as the negative implications of legal gender recognition. Sulathireh said authorities have also established a multiagency committee to address issues involving Muslim LGBTQ people, promoted what they call “psychospiritual therapy,” and worked with police and the Communications and Multimedia Commission to monitor the promotion of LGBTQ-related activities online.

“The blocking of these apps and websites severely impacts all areas of LGBTQ people’s lives,” said Sulathireh. “These platforms have proven critical for LGBTQ people to find support, communities, access life-saving resources, information and services, love and intimacy. I think being able to find love, intimacy and connections is critical for LGBTQ’s self-acceptance, self-worth, health, and well-being.” 

“The blocking makes it even more challenging for people to connect safely online and offline,” added Sulathireh. “People will become more isolated and all of these have a severe impact on LGBTQ’s mental health and well-being, which is already poor.”

Sulathireh said Justice for Sisters research and observations indicate many LGBTQ people in Malaysia already experience social media and digital spaces as hostile environments. As a result, many limit their use of these platforms and adopt higher levels of self-censorship. Sulathireh added the recent bans targeting LGBTQ visibility on digital platforms are also unfolding alongside a broader policy push to restrict social media access for children under 16.

“The state sponsored LGBTQ discrimination over the years has resulted in increasing discrimination by non-state actors and anti-rights groups with impunity,” Sulathireh said. “This ban will further entrench the culture of impunity against LGBTQ people.”

Nalini Elumalai, senior Malaysia program officer at ARTICLE 19, an international freedom of expression organization, said the blocking of dating apps is not occurring in isolation but is happening under the guise of public morality, digital censorship, and the enforcement of laws that undermine the rights of LGBTQ individuals in Malaysia. 

Elumalai noted that Deputy Religious Affairs Minister Marhamah Rosli recently urged the public to refrain from using the term “LGBT” and instead describe it as “deviant culture” in an effort to combat normalization and reduce LGBTQ-related content on social media. Elumalai said blocking Grindr and Blued represents an ongoing attack on the LGBTQ community, particularly their rights to freedom of expression, access to information, and to be treated equally before the law without discrimination — protections guaranteed under Articles 8 and 10 of Malaysia’s Federal Constitution. 

“The blocking of LGBTQI+ dating platforms appears to reflect a broader pattern in Malaysia where LGBTQI+-related expression and activities face heightened scrutiny and repression, particularly when they become visible online,” said Elumalai in a statement to the Blade.

Elumalai noted JEJAKA, a community-based organization had to cancel their “Glamping with Pride” event that was to have taken place on Jan. 17-18 because of safety concerns after it received death threats on social media.

“Ongoing repression of LGBTQI+ expression will further entrench systemic discrimination against marginalized groups, normalise inequality, and perpetuate division and hostility among the people in Malaysia,” said Elumalai. “Further, when one group is punished or prevented from expressing themselves freely online, others, including various online platforms, may also self-censor out of fear that they too could face scrutiny or penalties, even for legitimate expressions.”

The Malaysian Communications and Multimedia Commission has not responded to the Blade’s request for comment.

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Chile

Far-right Chilean President José Antonio Kast takes office

Former congressman opposes LGBTQ rights

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Chilean President José Antonio Kast moments after his inauguration in Valparaíso, Chile, on March 11, 2026. (CNN Chile screenshot)

Chilean President José Antonio Kast took office on Wednesday.

Kast — the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018 — defeated Jeannette Jara — a member of the Communist Party of Chile who was the former labor and social welfare minister in former President Gabriel Boric’s government — in last year’s presidential election.

The Chilean constitution prevented Boric from running for a second consecutive term.

The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. Kast has also publicly opposed the country’s marriage equality law that took effect on March 10, 2022, the day before Boric took office.

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, declared a “state of alert” after Kast’s election, “given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”

Argentine President Javier Milei, Deputy U.S. Secretary of State Christopher Landau, and Venezuelan opposition leader María Corina Machado are among those who attended Kast’s inauguration that took place in the Chilean Congress in Valparaíso.

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District of Columbia

Capital Stonewall Democrats set to celebrate 50th anniversary

Mayor Bowser expected to attend March 20 event

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Mayor Bowser is expected to attend the Capital Stonewall Democrats 50th gala. (Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.   

 A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.

“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.

Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.

Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.

He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.

Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.

Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.

 “Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”

The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.

Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the  International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C.  Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.

Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th

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