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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

Grindr to host first-ever White House Correspondents’ Dinner party

App’s head of global government affairs a long-time GOP-aligned lobbyist

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Gay dating and hookup app Grindr will host its first-ever White House Correspondents’ Weekend party on April 24.

The event is scheduled for the night before the White House Correspondents’ Dinner, an annual gathering meant to celebrate the First Amendment, honor journalism, and raise money for scholarships.

The White House Correspondents’ Dinner is organized by the White House Correspondents’ Association, a group of journalists who regularly cover the president and the administration.

An invitation obtained by the Washington Blade’s Joe Reberkenny and Michael K. Lavers reads:

“We’d be thrilled to have you join us at Grindr’s inaugural White House Correspondents’ Dinner Weekend Party, a Friday evening gathering to bring together policymakers, journalists, and LGBTQ community leaders as we toast the First Amendment.”

The Blade requested an interview with Joe Hack, Grindr’s head of global government affairs, but was unable to reach him via phone or Zoom. He did, however, provide a statement shared with other outlets, offering limited explanation for why the company decided 2026 was the year for the app to host this event.

“Grindr represents a global community with real stakes in Washington. The issues being debated here — HIV funding, digital privacy, LGBTQ+ human rights — are daily life for our community. Nobody does connections like Grindr, and WHCD weekend is the most iconic place in the country to make them. We figured it was time to host.”

Hack said the company has been “well received” by lawmakers in both parties and has found “common ground” on issues such as HIV funding and keeping minors off the app. He credited longstanding relationships in Washington and what he described as Grindr’s “respectful” approach to lobbying.

Hack, a longtime Republican-aligned lobbyist, previously worked for several GOP lawmakers, including U.S. Sens. Deb Fischer (R-Neb.), Jon Kyl (R-Ariz.), George Voinovich (R-Ohio), Bill Frist (R-Tenn.), and U.S. Rep. Randy Forbes (R-Va.).

According to congressional disclosure forms compiled by OpenSecrets, Grindr spent $1.3 million on lobbying in 2025— more than Tinder and Hinge’s parent company Match Group.

“This is going to be elevated Grindr,” Hack told TheWrap when describing the invite-only party that has already generated buzz on social media. “This isn’t going to be a bunch of shirtless men walking around. This is going to be very elevated, elegant, but still us.”

He also pointed to the company’s work on HIV-related initiatives, including efforts to maintain federal funding for healthcare partners that distribute HIV self-testing kits through the app.

The event comes at a particularly notable moment for an LGBTQ-focused connection platform to enter the Washington social circuit at a high-profile political weekend, as LGBTQ rights remain under constant attack from conservative lawmakers, particularly around transgender healthcare, sports participation, and public accommodations.

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Tennessee

Charlie Kirk Act advances in Tenn.

Bill would limit protests, protects speakers opposing ‘transgender’ identities

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Charlie Kirk photographed at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

The Tennessee legislature has passed Senate Bill 1741 / House Bill 1476, dubbed the “Charlie Kirk Act,” which, if signed by Republican Gov. Bill Lee, would reshape how public colleges and universities regulate speech on campus.

The measure targets all public higher education institutions and requires them to adopt a “free expression” policy modeled on the University of Chicago’s framework. That framework emphasizes that universities should not shield students from controversial or offensive ideas and requires state schools to formally embrace institutional neutrality — meaning they do not publicly take a stance on political or social issues.

Under the legislation, publicly funded schools cannot disinvite or cancel invited speakers based on their viewpoints or in response to protests from students or faculty. Student organizations, however — like Turning Point USA, an American nonprofit that advocates for conservative politics on high school, college, and university campuses, founded by Charlie Kirk, and often lack widely represented liberal counterparts — would retain broad authority to bring speakers to campus regardless of controversy.

The law includes broad protections for individuals and organizations expressing religious or ideological beliefs, including opposition to abortion, homosexuality, or transgender identity, regardless of whether those views are rooted in religious or secular beliefs. It further prohibits public institutions from retaliating against faculty for protected speech or scholarly work.

The bill, which has been hailed by supporters as an effort to “preserve campus free speech,” ironically also limits protest activity. Shouting down speakers, blocking sightlines, staging disruptive walkouts, or physically preventing entry to events are now considered “substantial interference” under the legislation, making those who engage in such actions subject to discipline.

Some of those disciplinary consequences include probation, suspension, and even expulsion for students, while faculty who protest in ways deemed to violate the policy could face unpaid suspensions and termination after repeated violations.

Supporters of the bill argue it strengthens free expression on campus. State Rep. Gino Bulso (R-Brentwood), the bill’s sponsor, said it reinforces a commitment to “civil and robust” debate at public universities.

“The Charlie Kirk Act creates critical safeguards for students and faculty and renews the idea that our higher education institutions should be centers of intellectual debate,” Bulso told Fox 17. “This legislation honors the legacy of Charlie Kirk by promoting thoughtful engagement and defending religious freedom.”

Critics, including Democratic lawmakers, have raised concerns that the legislation effectively elevates certain ideological viewpoints — particularly those tied to religious objections to LGBTQ identities — while exposing students and faculty to punishment for protest or dissent.

“It’s ironic that this body is talking about free speech when we had professors in Tennessee schools expelled and suspended when they did not mourn the death of Charlie Kirk — when they said that his statements were problematic and that the way he died did not redeem the way he lived,” state Rep. Justin Jones (D-Nashville) told WKRN.

Kirk, the right-wing activist and founder of Turning Point USA, for whom the bill is named, was assassinated in September 2025 at a public event at Utah Valley University. His legacy and rhetoric remain deeply polarizing, particularly among LGBTQ advocates, who have cited his history of anti-LGBTQ statements in opposing his campus appearances.

The bill now heads to Lee’s desk for his signature.

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Belarus

Belarusian president signs bill to allow LGBTQ rights crackdown

Alexander Lukashenko known as ‘Europe’s last dictator’

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Belarusian President Alexander Lukashenko (Photo by palinchak/Bigstock)

Belarusian President Alexander Lukashenko on Wednesday signed a bill that will allow his government to crack down on LGBTQ advocacy.

The measure that Lukashenko, who is known as “Europe’s last dictator” and is a close ally of Russian President Vladimir Putin, signed would punish anyone found guilty of “propaganda of homosexual relations, gender change, refusal to have children, and pedophilia” with fines, community labor, and 15 days in jail.

The House of Representatives, the lower house of the Belarusian National Assembly, last month approved the bill. The Council of the Republic, which is the parliament’s upper chamber, passed it on April 2.

Belarus borders Poland, Ukraine, Russia, Latvia, and Lithuania.

Kazakhstan is among the countries that have enacted Russian-style anti-LGBTQ propaganda laws in recent years.

The European Commission in 2022 sued Hungary, which is a member of the EU, over its anti-LGBTQ propaganda law. Hungarian voters on April 12 ousted Viktor Orbán, a Putin ally who had been their country’s prime minister since 2010.

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