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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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District of Columbia

D.C. non-profits find creative ways to aid the unhoused amid funding cuts

City’s poor economic mobility makes it easier to slip into homelessness

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Federal funding cuts have led to shortages at local nonprofits that assist D.C.’s unhoused population. (Photo by Joe Pchatree/Bigstock)

Homelessness is unlikely to disappear entirely, but it can be minimized and controlled.

That principle guides Everyone Home Executive Director Karen Cunningham’s approach to homeless support and prevention in D.C.

“There’s always going to be some amount of people who have a crisis,” Cunningham said. “The goal is that if they become homeless, [it’s] rare, brief and non-recurring. And in order for that to be the case, we need to have steady investments in programs that we know work over time.”

Making those investments has proven to be an unprecedented challenge, however. Cunningham said non-profits and other organizations like Everyone Home are grappling with government funding cuts or stalls that threaten the work they do to support D.C.’s homeless population.

Despite a 9% decrease in homelessness from 2024 to 2025, advocates worry that stagnant funding will make that progress hard to sustain. Furthermore, D.C. has the worst unemployment rate in the country at 6.7% as of December. The city’s poor economic mobility makes it easier for people to slip into homelessness and harder to break free of it.

There’s a way forward, Cunningham said, but it’s going to take a lot of perseverance and creative solutions from those willing to stay in the fight.

Fighting through setbacks

Reduced funding from the city government has shifted the way Everyone Home operates.

In D.C.’s fiscal year 2026 budget proposal, homeless services and prevention programs saw stalled growth or financial reductions. Even just a few years ago, Cunningham said Everyone Home received a large influx of vouchers to help people who needed long-term supportive housing. The vouchers allowed the non-profit to break people free of the homeless cycle and secure stable housing.

However, those vouchers are scarce these days. Cunningham said the city is investing less in multi-year programs and more in programs that offer preventative and upfront support.

She said this reality has forced Everyone Home to stop operating its Family Rapid Rehab program, which helps families leave shelters and transition into permanent housing. Current funds couldn’t withstand the size of the program and Cunningham said very few organizations can still afford to run similar programs.

The Family Homelessness Prevention program, however, is thriving and expanding at Everyone Home due to its short-term nature. It provides families with 90-day support services to help them get back on track and secure stable finances and housing.

Everyone Home also offers a drop-in day center, where they provide people with emergency clothing, laundry, and meals, and has a street outreach team to support those who are chronically homeless and offer services to them.

Inconsistencies in financial support have created challenges in providing the necessary resources to those struggling. It’s led non-profits like Everyone Home to get creative with their solutions to ensuring no one has recurring or long spouts of homelessness.

“It’s really a sustained investment in these programs and services that can allow us to chip away, because if you put all these resources in and then take your foot off the gas, there’s always people entering the system,” Cunningham said. “And so we have to always be moving people out into housing.”

Getting people in and out of the homeless system isn’t easy due to D.C.’s struggle with providing accessible and affordable housing, D.C. Policy Center executive director Yesim Sayin said in a Nov. 16 Washington Blade article.

Sayin said that D.C.’s construction tailors to middle or upper class people who live in the city because work brought them there, but it excludes families and D.C. natives who may be on the verge of homelessness and have less geographic mobility.

Building more and building smarter ensures D.C.’s low-income population aren’t left behind and at risk of becoming homeless, Sayin said.

That risk is a common one in D.C. given its low economic mobility. Residents have less room to financially grow given the city’s high cost of living, making vulnerable communities more prone to homelessness.

With funding cuts for long-term programs, preventative programs have proven to be vital in supporting the homeless population. When someone becomes homeless, it can have a snowball effect on their life. They aren’t just losing a house –– they may lose their job, access to reliable transportation and food for their family.

Cunningham said resources like the Family Homelessness Prevention program allows people to grow and stabilize before losing crucial life resources.

“Helping people keep what they have and to try to grow that as much as possible is really important where there aren’t a lot of opportunities…for people to increase their income,” Cunningham said.

Through all the funding cuts and reduced services, D.C.’s homeless support organizations are still finding a path forward –– a path that many residents and families rely on to survive.

Pushing forward

Local non-profits and organizations like Everyone Home are the backbone of homeless support when all other systems fail.

When the White House issued an executive order directing agencies to remove homeless encampments on federal land, Coalition For The Homeless provided ongoing shelter to those impacted.

“We were asked by our funders to open two shelters at the time of the encampment policy announcement,” Lucho Vásquez, executive director of Coalition For The Homeless, said. “We opened the shelters on the same day of the request and have been housing 100 more people who are unhoused each night since August.”

This was achieved even after Coalition faced “severe cuts in funding for supportive and security services,” according to Vásquez. Staff members have taken on additional responsibilities to make up for the loss in security coverage and supportive services with no increase in pay, but Vásquez said they’re still trying to fill gaps left by the cuts.

Coalition offers free transitional housing, single room occupancy units and affordable apartments to people who were unhoused. 

Coalition For The Homeless isn’t the only non-profit that’s had to step up its services amid dwindling resources. Thrive D.C. provides hot meals, showers, and winter clothes, which is especially important during the winter months.

Pathways to Housing D.C. offers housing services for people regardless of their situation or condition. Its “Housing First” teams house people directly from the streets, and then evaluate their mental and physical health, employment, addiction status, and education challenges to try to integrate them back into the community.

Covenant House is a homeless shelter for youth ages 18-24. They provide resources and shelter for youth “while empowering young people in their journey to independence and stability,” its website reads. Through its variety of programs, Friendship Place ended or prevented homelessness, found employment and provided life-changing services for more than 5,400 people. 

These groups have made a huge local difference with little resources, but Cunningham said there are more ways for people to support those experiencing homelessness if they’re strapped for time or money. Aside from donating and volunteering, she said even simply showing compassion toward people who are struggling can go a long way. 

Cunningham said compassion is something that’s been lost in the mainstream, with politicians and news anchors regularly directing hostile rhetoric toward homeless populations. But now more than ever, she said caring and understanding for fellow community members is key to moving forward and lifting those in need up.

“People sometimes feel invisible or that there’s a sense of hostility,” Cunningham said. “I think all of us can at least do that piece of recognizing people’s humanity.”

(This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)

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Colombia

LGBTQ Venezuelans in Colombia uncertain about homeland’s future

US forces seized Nicolás Maduro and his wife on Jan. 3

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(Image by Tindo/Bigstock)

BOGOTÁ, Colombia — LGBTQ Venezuelans who live in Colombia remain uncertain about their homeland’s future in the wake of now former-President Nicolás Maduro’s ouster.

José Guillén is from Mérida, a city in the Venezuelan Andes that is roughly 150 miles from the country’s border with Colombia. He founded an LGBTQ organization that largely focused on health care before he left Venezuela in 2015.

Guillén, whose mother is Colombian, spoke with the Washington Blade on Jan. 9 at a coffee shop in Bogotá, the Colombian capital. His husband, who left Venezuela in 2016, was with him.

“I would like to think that (Venezuela) will be a country working towards reconstruction in a democracy,” said Guillén, responding to the Blade’s question about what Venezuela will look like in five years.

American forces on Jan. 3 seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

Maduro and Flores on Jan. 5 pleaded not guilty to federal drug charges in New York. The Venezuelan National Assembly the day before swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president.

Hugo Chávez died in 2013, and Maduro succeeded him as Venezuela’s president. Subsequent economic and political crises prompted millions of Venezuelans to leave the country.

Ousted Venezuelan President Nicolás Maduro in 2024. (Photo courtesy of Maduro’s Instagram page)

The Blade in 2021 reported Venezuelan authorities raided HIV/AIDS service organizations, arrested their staffers, and confiscated donated medications for people with HIV/AIDS. Tamara Adrián, a member of the Venezuelan opposition who in 2015 became the first openly transgender person elected to the National Assembly, told the Blade she had to take security precautions during her campaign because government supporters targeted her.

The Blade on Jan. 8 spoke with a Venezuelan AIDS Healthcare Foundation client who said Maduro’s ouster “is truly something we’ve been waiting for for 26 or 27 years.” Another Venezuelan AHF client — a sex worker from Margarita Island in the Caribbean Sea who now lives in Bogotá — echoed this sentiment when she spoke with the Blade two days later.  

“I love the situation of what’s happening,” she said during a telephone interview.

Sources in Caracas and elsewhere in Venezuela with whom the Blade spoke after Jan. 3 said armed pro-government groups known as “colectivos” were patrolling the streets. Reports indicate they set up checkpoints, stopped motorists, and searched their cell phones for evidence that they supported Maduro’s ouster.

“In the last few days, it seems there are possibilities for change, but people are also very afraid of the government’s reactions and what might happen,” Guillén said.

“Looking at it from an LGBT perspective, there has never been any recognition of the LGBT community in Venezuela,” he noted. “At some point, when Chávez came to power, we thought that many things could happen because it was a progressive government, but no.”

The Venezuela-Colombia border near Paraguachón, Colombia, on March 7, 2018. (Washington Blade photo by Michael K. Lavers)

Luis Gómez is a lawyer from Valencia, a city in Venezuela’s Carabobo state. He and his family since he was a child have worked with autistic children through Fundación Yo Estoy Aquí, a foundation they created.

Gómez was in high school in 2013 when Maduro succeeded Chávez. He graduated from law school in 2018. Gómez in November 2020 fled to Colombia after he became increasingly afraid after his mother’s death that authorities would arrest him because of his criticism of the government.

The Colombian government in December 2025 recognized him as a refugee.

Gómez during a Jan. 9 interview in Bogotá discussed his initial reaction to Maduro’s ouster.

“I’m 28 years old, and 27 of those years have been in dictatorship,” Gómez told the Blade. “I had never experienced anything like this, which is why it had such a strong impact on me.”

Gómez said he initially thought the operation to seize Maduro and Flores was similar to an attempted coup that Chávez led in 1992. Gómez added he quickly realized Jan. 3 was different.

“The last thing we thought would happen was that Maduro would be wearing an orange jumpsuit in prison in New York,” he told the Blade. “It’s also important that those of us outside (of Venezuela) knew about it before those inside, because that’s the level of the lack of communication to which they have subjected all our families inside Venezuela.”

Gómez said Maduro’s ouster left him feeling “a great sense of justice” for his family and for the millions of Venezuelans who he maintains suffered under his government.

“Many Venezuelans, and with every reason, around the world started celebrating euphorically, but given our background and our understanding, we already knew at that moment what was coming,” added Gómez. “Now a new stage is beginning. What will this new stage be like? This has also generated uncertainty in us, which the entire citizenry is now experiencing.”

Trump ‘puts us in a very complex position’

U.S. chargé d’affaires Laura Dogu on Jan. 31 arrived in Caracas to reopen the American embassy that closed in February 2019.

Tens of thousands of people on Jan. 7 gathered in Bogotá and elsewhere in Colombia to protest against President Donald Trump after he threatened Colombian President Gustavo Petro, who was once a member of the now disbanded M-19 guerrilla movement. The two men met at the White House on Tuesday.

Colombian President Gustavo Petro, left, meets with President Donald Trump at the White House on Feb. 3, 2026. (Photo courtesy of the White House’s X account)

Both Gómez and Guillén pointed out Rodríguez remains in power. They also noted her brother, Jorge Rodríguez, is currently president of the National Assembly.

“Delcy has been a key figure in the regime for many years,” said Guillén. “In fact, she was one of the toughest people within the regime.”

Gómez and Guillén also spoke about Trump and his role in a post-Maduro Venezuela.

“Donald Trump, especially in this second term, has played a very particular role in the world, especially for those of us who, genuinely, not falsely or hypocritically, truly defend human rights,” said Gómez. “It puts us in a very complex position.”

Gómez told the Blade the operation to seize Maduro and Flores was “not an invasion for us.”

“It’s not a military intervention,” said Gómez. “It was the beginning, or I would even dare to say the end of the end.”

He acknowledged “there are interests at play, that the United States doesn’t do this for free.” Gómez added U.S. access to Venezuelan oil “for us, at this point, is not something that matters to us.”

“Venezuelans have received nothing, absolutely nothing from the resources generated by oil. We live without it,” he said. “The only ones getting rich from the oil are the top drug traffickers and criminals who remain in power.”

Guillén pointed out the U.S. “has always been one of the biggest buyers of oil from Venezuela, and perhaps we need that closeness to rebuild the country.”

“I also feel that there is a great opportunity with the millions of Venezuelans who left the country and who would like to be part of that reconstruction as well,” he said.

“Logically it’s sad to see the deterioration in the country, the institutions, even the universities in general,” added Guillén. “Those of us who are outside the country have continued to move forward and see other circumstances, and returning to the country with those ideas, with those new approaches, could provide an opportunity for change. That’s what I would like.”

Editor’s note: International News Editor Michael K. Lavers was on assignment in Colombia from Jan. 5-10.

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District of Columbia

D.C. bar Rush facing eviction on charge of failing to pay rent

Landlord says $201,324 owed in back payments, late fees

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(Photo courtesy of Rush)

The owners of the building at 14th and U Streets, N.W. where D.C.’s newest LGBTQ bar and nightclub Rush opened on Dec. 5, 2025, filed a complaint in D.C. Superior Court on Feb. 3 seeking Rush’s eviction on grounds that the bar has failed to pay its required rent since last May.

According to the court filing by building owners Thomas and Ioanna Tsianakas Family Trust and Thomas Tsianakas Trustee, Rush owes $141,338.18 in back rent, $19,086.19 for utilities, and $40,900 in late fees, coming to a total of $201,324.37.

Rush owner Jackson Mosley didn’t immediately respond to a Feb. 5 phone message from the Washington Blade seeking comment on the court filing seeking his eviction from the building located at 200114th Street, N.W., with its entrance around the corner on U Street.   

WUSA 9 TV news reported in a Feb. 5 broadcast that Mosley said he “doesn’t see why the eviction notice is news and called it a ‘formality.’” The WUSA report adds that Mosley said he and the Rush landlord “have no bad blood” and if the action did reach the point of eviction he would file for Chapter 11 bankruptcy to restructure the lease and his debts.

The eviction court filing follows a decision by the city’s Alcoholic Beverage and Cannabis Board on Dec. 17 to suspend Rush’s liquor license on grounds that its payment check for the liquor licensing fee was “returned unpaid.” The liquor board reissued the license three days later after Mosley paid the fee with another check

He told the Blade at the time that the first check did not “bounce,” as rumors in the community claimed. He said he made a decision to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to arrange for a lower payment for just one year at a time.

Around that same time several Rush employees posted social media messages saying the staff was not paid for the bar’s first month’s pay period. Mosley responded by posting a message on the Rush website saying employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involved the IRS.

“This discrepancy triggered a compliance hold within our payroll system,” his statement said. “The moment I became aware of the issue I immediately engaged our payroll provider and began working to resolve it,” he said.

 But WUSA 9 reports in its Feb. 5 broadcast about the eviction issue that at least some of the now former employees say they still have not been paid since their first paycheck failed to come on Dec. 15.   

Superior Court online records for the eviction case show that a “Remote Initial Hearing” for the case has been scheduled for March 30 before a Landlord & Tenant Judge.  

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