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Supreme Court urged to deny stay on Utah same-sex marriages

Attorneys argue stay would impose ‘intolerable and dehumanizing burden’ on gay couples

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Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade
Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade

Attorneys for gay couples are urging the Supreme Court to reject a stay on Utah same-sex marriages (Washington Blade photo by Michael Key).

Gay couples should be able to continue to wed to Utah because the imposition of stay on their marriages would cause them “undisputed, irreparable harm,” attorneys for three same-sex couples wrote Friday in a filing to the U.S. Supreme Court.

The 40-page brief, which was filed in response to the stay request from Utah state officials to the Supreme Court, lays out the case for why halting same-sex marriages as litigation proceeds through the courts would cause harm.

“Forcing same-sex couples and their families to wait and hope for the best during the pendency of this appeal imposes an intolerable and dehumanizing burden that no family should have to endure,” the filing states.

The brief is signed by James Magleby, one of the attorneys at Magleby & Greenwood PC representing the three same-sex couples who are either seeking to marry in Utah or have the state recognize their marriage.

Gay couples have been able to wed in Utah since Dec. 20, when U.S. District Judge Robert Shelby ruled the state’s 2004 ban on same-sex marriage, known as Amendment 3, was unconstitutional. State officials didn’t make a stay request until after the ruling was handed down, and afterward both the district court and the U.S. Tenth Circuit Court of Appeals rejected requests for a stay.

After their stay requests were denied by lower courts attorneys for Utah Gov. Gary Herbert and Attorney General Sean Reyes issued a stay request this week before the U.S. Supreme Court.

Although the high court is expected to take up on the issue of marriage equality at some point in the future, Magleby writes that the Supreme Court may not necessarily take up this case once the Tenth Circuit issues its ruling.

“The constitutional issues presented in this case plainly are of great importance; however, currently there are more than twenty-five state and federal lawsuits, in at least 15 states, challenging state laws barring marriage by same-sex couples on federal constitutional grounds,” Magleby writes. “Therefore, while it is certainly possible the court ‘could’ grant certiorari in this case, Applicants cannot show that it ‘very likely would’ do so.”

The stay request is pending before U.S. Associate Justice Sonia Sotomayor, who has jurisdiction for stay requests over the Tenth Circuit. She 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.

There’s no set time for when the court needs to render a decision, although an order is expected soon.

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.

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District of Columbia

How Pepper the courthouse dog helps victims of abuse

Reshaping how the legal system balances compassion with procedure

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Abby Stavitsky and Pepper (Courtesy photo)

Deborah Kelly’s blind husband, Alton, was dragged for blocks to his death by a hit-and-run driver who had already plowed into her on Alabama Ave., S.E., in June 2024. 

But her trauma had only just begun. It took 10 months before the driver, Kenneth Trice, Jr., was arrested, and another six months before he was sentenced to just six months behind bars.  

As she heaved and sobbed in the courtroom in November, Kelly had a steady four-legged presence by her side: Pepper the Courthouse Dog, as the black Labrador retriever is known in D.C. Superior Court.

Abby Stavitsky, a former federal prosecutor who now serves as a victims’ advocate, is the owner and handler of nine-year-old Pepper. She says that one of the things that has made Pepper such a great asset in the court in the past six years is the emotional support and comfort she provides to victims.  

“She absorbs all of the feelings and the emotions around her, but she’s very good at handling it,” Stavitsky said. 

Pepper and Stavitsky started working in Magistrate Judge Mary Grace Rook’s courtroom — and now works in Magistrate Judge Janet Albert’s — to provide support for youth who suffer trauma, especially young survivors of commercial sexual exploitation.

These specially trained dogs offer emotional support to trauma victims of all ages. Courthouse dogs can reduce victims’ and witnesses’ anxiety and stress, making it easier for them to provide clear statements in the courtroom, according to a 2019 report in the Criminal Justice Review. 

“Having something to pet and interact with is a distraction that results in victims being calmer when testifying in court,” says Stavitsky. “This gives them an extra level of comfort.” 

What brought Stavitsky and Pepper together

Stavitsky, who spent 25 years as an assistant U.S attorney, handled a lot of victim-based crimes, mostly domestic violence and sex offenses. She was also a dog lover, and once she learned about courthouse dogs and their use, she was inspired.

In 2019, Pepper was given to Stavitsky by a Massachusetts-based organization, NEADS, formerly known as the National Education for Assistance Dog Services. Although Pepper was originally trained to be a service dog, evaluators determined her character was best suited for a courthouse dog.

Pepper now works regularly in various treatment court cases involving juveniles, many of whom have experienced trauma or are involved in the child welfare system. She also sits with victims while they are testifying in a trial.

“She loves people, especially children,” Stavitsky said. “She loves that interaction.”

Courthouse dogs have a long history 

In courthouses across the U.S. specially trained “facility dogs” are becoming an important part of how the justice system supports vulnerable victims and witnesses.

Since the late 1980s, these dogs were used to help trauma survivors and anxious children during testimonies and interviews. The first dog to make an appearance in a courtroom was Sheba, a German shepherd who assisted child sexual abuse victims in the Queens (N.Y.) District Attorney’s Office. Courthouse dogs help them communicate more clearly, especially in these settings that make them anxious and stressed.

Unlike service dogs, courthouse facility dogs are professionally trained through accredited assistance dog organizations and work daily alongside prosecutors, victim advocates, and forensic interviewers. For example, courthouse dogs can have more social interaction, unlike service dogs.

Courthouse dogs’ growing use has prompted state laws and professional guidelines to recognize the dogs as a trauma-informed tool that helps victims participate in the justice process without compromising courtroom fairness.

As more jurisdictions adopt these programs, courthouse dogs are reshaping how the legal system balances compassion with procedure, ensuring that victims’ voices can be heard in environments that might otherwise silence them.

Pepper makes it easy to see why. 

“I really love people, especially kids, and can provide emotional support and comfort during all stages of the court process,” reads the business card Stavitsky hands out with Pepper’s picture. “I’m calm, quiet and can stay in place for several hours.” 

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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Rehoboth Beach

Women’s FEST returns to Rehoboth Beach next week

Golf tournament, mini-concerts, meetups planned for silver anniversary festival

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(Washington Blade file photo by Daniel Truitt)

Women’s+ FEST 2026 will begin on Thursday, April 9 at CAMP Rehoboth Community Center.

The festival will celebrate a remarkable milestone in 2026: its silver anniversary. For 25 years, Women’s+ FEST has brought fun and entertainment for all those on the spectrum of the feminine spirit. There will be a variety of events including a golf tournament, mini-concerts and happy hour meetups.

For more information, visit Camp Rehoboth’s website.

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Belarus

Belarusian lawmakers approve bill to crackdown on LGBTQ rights

Country’s president known as ‘Europe’s last dictator’

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(Photo by eugenef/Bigstock)

Lawmakers in Belarus on Thursday approved a bill that would allow the government to crack down on LGBTQ advocacy.

The Associated Press notes the bill 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 Thursday.

President Alexander Lukashenko is expected to sign it.

Belarus borders Poland, Ukraine, Russia, Latvia, and Lithuania. Lukashenko — known as “Europe’s last dictator” is a close ally of Russian President Vladimir Putin.

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

Vika Biran, a Belarusian LGBTQ activist, is among those arrested during anti-Lukashenko protests that took place in 2020 after he declared victory in the country’s presidential election.

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