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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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The White House

From red carpet to chaos: A first-person narrative of the WHCD shooting

The Blade’s WH correspondent Joe Reberkenny recounts his night at the WHCD after a shooter attempted to gain entry.

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The International Ballroom at the Washington Hilton during the WHCD. (Washington Blade photo by Joe Reberkenny)

It started as any White House Correspondents’ Dinner is supposed to go—I assume. I’ve never been to one before this, but based on other events I’ve attended at the Hilton, including an HRC gala, it all seemed fairly normal.

There was a lot of traffic. Police had blocked off streets encompassing a large portion of Adams Morgan—particularly around the hotel. The president was making his first appearance after boycotting the event during his first term, so there was a sense of anticipation. It took me about 45 minutes to go just under a mile from my apartment to about three blocks from the hotel in my Uber. I waited until the last possible second before I felt like I was going to be late—6:30—to get out of the car, because it was raining and I was wearing my green tux.

I walked up to a group of people checking tickets at the base of the hotel. They seemed to just be glancing at the tiny, index-card-sized tickets rather than conducting any kind of full security screening outside. As I walked from that first checkpoint to the drive-around drop-off area, I joined what was essentially one long line for the red carpet. It eventually split into people who wanted photos and those who didn’t—but again, there was no real need to show anything beyond that small ticket upon entering, and even that wasn’t being checked closely.

 A light went off in my head; I felt that, given the speed at which security was checking tickets, they couldn’t fully see the foil logo and tiny table numbers from that distance. I remember thinking that if I had a similarly sized piece of paper, I could have gotten through up to that point.

I also noticed there was no real security checkpoint or metal detectors upon initially entering the hotel grounds—unlike what I had seen at the HRC gala the year before.

I waited about 35 minutes in line in the car drop-off area—without cars, since it had been repurposed to corral press and their guests before entering the building and heading onto the red carpet. I took my photo, then went up the escalator to meet my date, Jacob Bernard from Democracy Forward. They wouldn’t let him onto the red carpet without his ticket, so I gave him his, which I had been holding. He was already inside the venue despite not having his ticket on him and had been at one of the pre-parties. 

That also struck me as odd—that you could access a pre-dinner party without a ticket or going through any visible security.

After I found him, we took a photo together at a step-and-repeat past the main red carpet area around 7:45. Oddly enough, a group of my friends—gays who I regularly see on the dance floors of the gay bars of Washington, who work in various government and media-adjacent fields—found me, and we took pictures together. None were White House correspondents or held a “hard pass” to the White House (security credentials that allow entry into the White House complex).

 Another light went off in my head that indicated party crashers probably shouldn’t be getting inside to an event that is supposed to be one of the most secure rooms in the country.

After the photos, I could see groups of people being moved from pre-party spaces in various meeting rooms on other floors and directed toward the main floor where the red carpet had been.

My guest and I went back up to the main floor and walked through a small security checkpoint that included only a handful of metal detectors. From there, I went down the stairs from the lobby into the International Ballroom, where we took our seats at Table 200. I talked to a few people I knew—very traditional pre-event chit-chat. The vibes felt good. It was my first time attending, and I was genuinely excited.

Around 8:15, the Marine Corps Band played and “Commandant’s Four” color guard presented the flags. We were then told to take our seats. 

They introduced the head table—the president, first lady, vice president, and members of the White House Correspondents’ Association board. Weijia Jiang, senior White House correspondent for CBS News and president of the WHCA, gave a brief speech, essentially saying we would eat first and then move into the main program, which was supposed to feature mentalist Oz Pearlman.

At this point my table, 200 which included members of the Wall Street Journal, the Blade, and a European outlet all started eating. About 15 minutes later, Washington Hilton staff began clearing plates and preparing to bring out the next course.

As they cleared the plates, I heard four loud bangs.

I saw hotel employees immediately start ducking. They seemed to understand the gravity of the situation much faster than most attendees, including myself. At first, it sounded like a tray might have fallen over (but I later found out that wasn’t the case).

After about 30 seconds of watching some people duck, others look around in confusion, and some continue eating and drinking, I got down. I kneeled with my chair in front of me as a kind of barrier. Being at Table 200, I felt somewhat removed from where the actual incident occurred.

Then I saw the president being whisked away quickly by Secret Service, along with the first lady and others at the head table.

My reporter instincts kicked in. I grabbed my phone and started filming. I saw SWAT team members rush into the ballroom and onto the stage, clearing the area. I captured a video of people looking around, confused about what had just happened.

A few minutes later, the room was told by the WHCA president to hold on—that they would provide more information and guidance on what would happen next. There was some indication that they might try to continue the event despite what had occurred.

Everyone started frantically checking X to see if any major outlets were reporting. I was receiving texts from family, friends, and colleagues about the rapidly unfolding situation.

I walked to the bathroom—twice, technically. I couldn’t find it initially because it was hidden behind black curtains. (Later, those curtains were removed, and the men’s room was in clearer view.)

During the first walk to the bathroom, I called my editor to tell him what was happening. He instructed me to start sending copy to another editor, who would get it online. The ballroom had almost no service—it’s in the basement of a 12-story hotel—so it was a challenge. I utilized SMS fallback (since iMessage wasn’t working) to send updates.

I returned to the table, where people were still hovering—calling editors, scrolling, texting, sending photos and copy. I was already drafting my story and sending it in chunks, adding details as I gathered more information.

I walked my guest toward the bathroom again, which was on the opposite side of the ballroom from our table, so I had to cross what felt like a sea of journalists, PR officials, guests, and others on their phones, talking and scrolling. My guest pointed out that the press pool was being held in an alcove away from the ballroom doors and escalator exit—not in the ballroom with everyone else.

“Alive” by the Bee Gees was playing over the speakers in the bathroom, which felt a little too on the nose.

On my way out, I heard someone speaking over a microphone and rushed to the ballroom entrance. WHCA President Weijia Jiang was speaking. She announced that the event was over and the space was being evacuated.

She also said that President Trump would hold a press conference at the White House in about 25 minutes.

That’s when I knew it was a race against the clock.

I called my editor a second time to update him and asked if I should head to the briefing (knowing the answer would be yes). He confirmed.

Then the crowd began to move. People grabbed purses, bottles—some left belongings behind. Even though it was technically becoming a crime scene, no one was actively forcing us out. It felt more like a collective understanding: It was time to go.

I texted my guest: “OK, I have to go to the White House. I’m so sorry to leave you.”

I made my way with the sea of people toward the one exit we were allowed to use and zipped between women in fancy gowns and men looking like penguins.

I put on my hard press pass, opened the Capital Bikeshare app, reserved the closest e-bike, and headed out. 

I walked up Columbia Road to 20th and Wyoming, grabbed the bike, and rode down Wyoming, then 18th, cut over to U Street, and went straight down 16th to the White House. That ride was exhilarating. I also filmed an Instagram Reel updating my followers on what was going on. I could see tourists and D.C. residents alike looking at me from their cars and the sidewalk, obviously confused as to why a man dressed in a tux had hopped on a bike.

I got off the bike where 16th Street meets Lafayette Square and darted toward the first White House security checkpoint, where they were verifying press credentials. Luckily, I had mine. After that, it turned into a mad dash. Everyone who made it through started moving quickly.

The sound of heels on what I think was cobblestone—or maybe brick—sticks with me. My own shoes were clacking as I ran toward the White House alongside other journalists in heels and dress shoes.

At the Secret Service checkpoint, there was a separate line for hard pass holders. Having my hard pass let me skip much of the impeccably dressed line of journalists who didn’t think to bring their hard pass with them.

It was probably the most exquisitely dressed press crowd I’ve ever seen—tuxedos, gowns, full makeup. It felt like something out of “The Hunger Games.”

I went through security, put my belongings through the metal detector, entered my code, grabbed my things, and ran to the briefing room.

(Washington Blade photo by Joe Reberkenny)

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BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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District of Columbia

Community mourns passing of D.C. trans rights advocate SaVanna Wanzer

Acclaimed activist credited with founding D.C. Trans Pride

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SaVanna Wanzer (Washington Blade file photo by Michael Key)

Three D.C.-based LGBTQ advocacy organizations released statements on April 24 announcing that highly acclaimed D.C. transgender rights advocate SaVanna Wanzer has passed away. 

A family member told the Blade that Wanzer died on Friday, April 24 of natural causes. She was 63.

Among other things, the advocacy groups noted that Wanzer is credited with being the lead founder of the D.C. Trans Pride and D.C. Black Trans Pride celebrations and events.

 “As a trailblazing transgender activist, educator, and founder of D.C. Trans Pride, D.C. Black Trans Pride, and May Is All About Trans, SaVanna created and led transformative transgender programming during D.C. Black Pride that ensured trans voices, stories, leadership, and lived experiences were centered, celebrated, and protected,” according to the statement from the Center for Black Equity, an LGBTQ organization.

“Her work was not just about representation, it was about liberation, community, and making sure Black Trans lives were honored in rooms, stages, policies, and movements that too often overlooked them,” the statement says.

In its own statement, the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, called Wanzer an icon of D.C.’s Black trans community and longtime leader in many LGBTQ organizations. 

“SaVanna Wanzer was a D.C. legend,” Tori Cooper, HRC’s Director of Strategic Outreach and Training, said in the statement. “She advocated for many years for the trans community and for people living with HIV, and served with many organizations, including D.C. Black Pride, Capital Pride, and NMAC [National Minority AIDS Council],” the statement adds.

“I can say firsthand that SaVanna will not just be missed for her work, but for her sisterly wisdom and her sense of humor,” Cooper said in the HRC statement.

In its own statement, Capital Pride Alliance, which organizes D.C.’s annual LGBTQ Pride events, called Wanzer a “trailblazer” in her role as founder of Capital Trans Pride, D.C. Black Trans Pride, and the May Is All About Trans events. It says she served on the Capital Pride Board of Directors 

“SaVanna was not just an advocate and community organizer but also a knowledge holder and elder voice in our movement,” the statement adds

In an undated statement on its website released before Wanzer’s passing, the D.C. group Food and Friends, which provides home-delivered meals to people in need, including people with HIV and cancer, says Wanzer had been one of its clients in the past. It says she had been living with heart problems since she was 16 and learned she had HIV in 1985 when she went to donate blood while working at the time for the U.S. Department of Veterans Affairs. It also says she had diabetes, which was under control.

Among her many involvements, Wanzer also served as a volunteer for D.C.’s Whitman-Walker Health, which provides medical services for the LGBTQ community along with other communities. In 2015, Whitman-Walker selected  Wanzer as the first recipient of its Robert Fenner Urquhart Award for her volunteer services at Whitman-Walker for more than 20 years.

The Center for Black Equity appeared to capture the sentiment of those in the LGBTQ community who knew Wanzer in the concluding part of its statement on her passing.  

“Her vision continues to guide us,” it says. “Her courage continues to inspire us. Her impact will continue to live through every person, every Pride, and every space made more possible because she dared to lead,” it says. “Rest in power, SaVanna Wanzer. Your light remains with us.”

The family member said funeral arrangements are expected to be announced early next week. This story will be updated.

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