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Will Utah same-sex marriages be deemed invalid?

Advocates urge state to honor weddings already held

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Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade
Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade

Michael Ferguson and Seth Anderson were among the gay couples that married in Utah before the stay was put in place. (File photo courtesy Seth Anderson)

The U.S. Supreme Court’s decision to halt same-sex marriages in Utah is raising questions about whether gay marriages already conducted in the state will be considered valid.

Doug NeJaime, a law professor at University of California, Irvine, predicted the issue may lead to its own litigation outside of the pending lawsuit, Kitchen v. Herbert, that enabled the same-sex marriages in the first place.

“I’m guessing that question will spawn its own litigation,” NeJaime said. “Clearly, Utah does not want to recognize those couples as married.”

On Monday, the Supreme Court issued a stay on same-sex marriages in Utah in the wake of U.S. District Judge Robert Shelby’s decision on Dec. 20 instituting marriage equality in the state. State officials — Utah Gov. Gary Herbert and Attorney General Sean Reyes — last week requested a stay from the high court on the basis that the marriages were an “affront” to the democratic process.

Now that the stay is in place, the attorney general’s office itself has expressed uncertainty about whether the marriages performed in the state will be considered valid. In a statement, Reyes cited a lack of precedent on the issue.

“This is the uncertainty that we were trying to avoid by asking the District court for a stay immediately after its decision,” Reyes said. “It is very unfortunate that so many Utah citizens have been put into this legal limbo. Utah’s Office of Attorney General is carefully evaluating the legal status of the marriages that were performed since the District Court’s decision and will not rush to a decision that impacts Utah citizens so personally.”

Although Reyes maintains he won’t rush into a decision, pressure will be on the state to decide soon. Now that 2014 has begun, gay couples that recently married in Utah will be filing their taxes and will need to know whether they qualify as married or single.

One common prediction is the marriages will be deemed invalid similar to how the California Supreme Court invalidated the marriages then-San Francisco Mayor Gavin Newsom allowed with the state’s ban on same-sex marriage in place. But the situations are different. The marriages at that time were happening as a result of executive action, not a court order.

The American Civil Liberties Union, which was responsible for the lawsuit bringing down Section 3 of the Defense of Marriage Act, took to Twitter to encourage Utah to uphold the marriages as valid.

 

A possible scenario is that Utah itself won’t recognize the same-sex marriages performed in the state, but the federal government would deem those unions valid for federal benefits. Under that scenario, these couples would be considered married for tax purposes as well as for health and pension benefits if either person in the marriage works for the U.S. military or federal government.

A White House spokesperson deferred to the Justice Department on whether the federal government would recognize these marriages as valid. Dena Iverson, a Justice Department spokesperson, said, “We are reviewing the court’s decision.”

Shannon Minter, legal director for the National Center for Lesbian Rights, said it’s possible Utah may not recognize same-sex marriages pending appeal of the case, but maintained the federal government should accept the unions as legitimate.

“The federal government should recognize them for most purposes because federal recognition for almost all federal benefits hinges only on whether a marriage was valid when entered,” Minter said.

The final number of same-sex marriages performed in Utah before the Supreme Court put in place its stay isn’t yet known. According to a Dec. 27 report in the Associated Press, Utah issued 900 marriage licenses to gay couples in the week after a federal judge struck down the state’s ban on same-sex marriage.

Suzanne Goldberg, co-director for Columbia University’s Center for Gender & Sexuality Law, insisted that these marriages should be considered valid even with the stay in place.

“It is unlikely that the marriages already performed in Utah will be invalidated,” Goldberg said. “Those marriages were performed in accordance with Utah law and a later change in the law, if there is one, should not undo them.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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