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Obama admin to recognize Utah same-sex marriages

Holder says unions ‘will be recognized as lawful and considered eligible for all relevant federal benefits’

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U.S. Attorney General Eric Holder announced on Friday the federal government will recognize Utah same-sex marriages (Washington Blade file photo by Michael Key).

U.S. Attorney General Eric Holder announced on Friday that the federal government will recognize the same-sex marriages performed in Utah despite the state’s decision not to recognize them in the aftermath of a stay from the U.S. Supreme Court.

In a video announcement, Holder says the federal government will recognize the marriages of the more than 1,300 couples estimated to have wed in the state, even though Utah Gov. Gary Herbert indicated a letter to staff earlier this week the state won’t recognize the unions pending appeal.

“In the meantime, I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages,” Holder says. “These families should not be asked to endure uncertainty regarding their status as the litigation unfolds.”

In the coming weeks, Holder pledges to coordinate with other branches of the federal government to ensure federal benefits are flowing to same-sex couples who wed in Utah.

“In the days ahead, we will continue to coordinate across the federal government to ensure the timely provision of every federal benefit to which Utah couples and couples throughout the country are entitled – regardless of whether they in same-sex or opposite-sex marriages,” Holder says. “And we will continue to provide additional information as soon as it becomes available.”

Same-sex couples began marrying in Utah starting on Dec. 20 after a ruling from U.S. District Judge Robert Shelby striking down the state’s ban on same-sex marriages, known as Amendment 3. After unsuccessful attempts with the district court and the U.S. Tenth Circuit, Herbert and Attorney General Sean Reyes obtained a stay on the marriages from the U.S. Supreme Court on Monday.

The next day, Utah announced it wouldn’t recognize the same-sex marriages that were already performed in the state prior to the stay. However, there was still a question about whether the federal government would recognize the unions. In a letter to Holder on Thursday, Human Rights Campaign President Chad Griffin said there’s “no legal reason” why the marriages shouldn’t be recognized and Utah did so out of political reasons.

In a statement following the announcement, Griffin praised Holder for deciding the Utah same-sex marriages should be recognized.

“These 1,360 Utah couples are married, plain and simple, and they should be afforded every right and responsibility of marriage,” Griffin said. “Attorney General Eric Holder has once again shown the kind of leadership that earns you a spot in the history books. This is only the beginning of this fight, and this work continues until marriage equality returns to Utah for good, and full equality reaches every American in all 50 states.”

White House Press Secretary Jay Carney said during his routine news conference on Friday that President Obama “welcomes” the decision by the Justice Department.

“I can tell you the president welcomes the attorney general’s determination that the federal government, for purposes of federal law will recognize the same-sex marriages that were lawfully performed in Utah before a stay was issued,” Carney said.

Asked by the Blade about the extent to which Obama was involved in reaching the decision, Carney said he doesn’t believe the president spoke with Holder about the matter prior to the resolution.

“The president simply welcomes the decision,” Carney said. “This is action and determination taken by, and done by, the attorney general. The president obviously has expressed his views publicly about same-sex marriage, and the need for equal rights for all Americans, so I don’t know, but I don’t think they discussed this specific issue. This was a determination by the AG.”

But anti-gay advocates aren’t pleased the decision and are saying it’s an affront to Utah’s right to regulate marriage.

Tony Perkins, president of the Family Research Council, said the decision is “an effort to make law in the breach and shows contempt for the states, the federal courts, and Congress.”

“It only adds to the administrative chaos by flouting Utah’s marriage law and is in contrast to the U.S. Supreme Court’s cautious approach in granting a stay in the case,” Perkins said. “The Department of Justice’s announcement is doing the very thing which the Supreme Court condemned in the U.S. vs. Windsor decision — ‘creating two contradictory marriage regimes within the same State.'”

The Utah attorney general isn’t expressing any dissatisfaction with the decision from the federal government. Ryan Bruckman, a Reyes spokesperson, said the state has no objections.

“The statement put forth by Attorney General Eric Holder is consistent with previous statements from the Utah Attorney General’s Office.” Bruckman said.

The Obama administration is able to recognize the same-sex marriages in Utah in the aftermath of the U.S. Supreme Court’s decision in June striking down Section 3 of the Defense of Marriage Act. Since ruling against the law, which prohibited federal recognition of same-sex marriage, the Obama administration has been implementing federal benefits for same-sex unions.

Read Holder’s full remarks here:

Last June, the Supreme Court issued a landmark decision – in United States v. Windsor – holding that Americans in same-sex marriages are entitled to equal protection and equal treatment under the law. This ruling marked a historic step toward equality for all American families. And since the day it was handed down, the Department of Justice has been working tirelessly to implement it in both letter and spirit – moving to extend — federal benefits to married same-sex couples as swiftly and smoothly as possible.

Recently, an administrative step by the Court has cast doubt on same-sex marriages that have been performed in the state of Utah. And the governor has announced that the state will not recognize these marriages pending additional Court action.

In the meantime, I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages. These families should not be asked to endure uncertainty regarding their status as the litigation unfolds. In the days ahead, we will continue to coordinate across the federal government to ensure the timely provision of every federal benefit to which Utah couples and couples throughout the country are entitled – regardless of whether they in same-sex or opposite-sex marriages. And we will continue to provide additional information as soon as it becomes available.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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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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