National
Utah’s 1,300 gay weddings spark change in attitudes
Marriage equality in conservative state impacts public opinion, LDS Church
Although the 18-day period during which Utah allowed same-sex marriages has ended, observers say the visibility of gay couples marrying there made an indelible impression on one of the nation’s most conservative states.
Utah’s flirtation with marriage equality began on Dec. 20 when a district court ruled in favor of marriage, allowing more than 1,300 same-sex couples to marry in the state before the U.S. Supreme Court issued a stay on the weddings pending appeal of the litigation.
Gov. Gary Herbert has said the state won’t recognize the same-sex marriages, but the federal government had pledged to view them as legitimate, and the events have shaken the state government, the view of state residents and even the Mormon Church.
Michael Ferguson, who wed his partner in Salt Lake City on Dec. 20 and became one-half of the first same-sex couple to marry in Utah, saw a sharp transition in support for marriage equality on social media in just two days of having marriage equality in Utah.
“I saw people who were posting some pretty horrible things about bestiality and pedophilia, and the slippery slope of world corruption, that’s going to ensue with same-sex marriages being solemnized in Utah,” Ferguson said. “Within two days of social dialogue, those same people were apologizing, and saying, ‘I can see that I was wrong and speaking from a place of ignorance, and I’m going to keep a more open-minded position in this conversation.'”
Mark Lawrence, director of the Utah-based Restore Our Humanity and the individual behind the marriage equality lawsuit, also noticed a distinct change in public opinion as the weddings took place.
“So many more people are, ‘OK, this is going to happen,” Lawrence said. “They’re coming around. They still may not agree with it, they still may not be happy with it, but I don’t think they see it anymore as the sky is falling and this is going to be the destruction of society.”
Evidence that attitudes have shifted on marriage equality in Utah is more than just anecdotal. Two new polls reveal significant growth in support for same-sex marriage in the state.
A new consumer poll made public on Sunday reveals that for the first time ever, a bare majority of Utah residents — 51.3 percent — support marriage rights for gay couples. In comparison, 43.7 percent oppose legal relationship recognition.
David Baker, a Mormon and gay D.C. activist, ran the poll over the course of last week using Google’s digital platform system, which is deemed an accurate method of polling by statisticians.
Baker said he “absolutely” believes the events in Utah in the past few weeks — especially Herbert’s decision not to recognize the marriages performed in the state — has had an impact on the perception of marriage equality in the state.
“I feel that Gov. Herbert’s decision to continue to put the rights of LGBT couples, who are legally married in the state of Utah, in a legal limbo has caused Utahns to face this issue that they may not have thought of before in the same context of legal rights for LGBT couples,” Baker said.
The results of Baker’s latest poll are along the lines of a poll published Tuesday by the Salt Lake Tribune that found Utah residents are now evenly split on whether same-sex couples in Utah should be allowed to marry — 48 percent were for it and 48 percent against it — and nearly three-fourths said same-sex couples should be allowed to have civil unions.
It’s hard to say that new support for marriage equality in Utah is the result of people seeing firsthand same-sex marriages happening in the state because no other data exists immediately before the weddings took place. However, the findings assert strong support for gay nuptials never before seen in the state.
Perhaps the most visible demonstration of this support for same-sex marriage came on Friday — coincidentally the day U.S. Attorney General Eric Holder announced the Obama administration would recognize the same-sex marriages — when an estimated 1,500 people rallied in Salt Lake City to urge Herbert to drop his appeal before the U.S. Tenth Circuit Court of Appeals.
Among the speakers was a 12-year-old boy, Riley Hackford-Peer, who said seeing his lesbian moms being able to marry in Utah was the second-happiest day of his life — right after the birth of his younger brother — and “felt like fireworks bursting in my heart.”
“Some people do not believe that I’m from a loving family because my moms are gay; they are wrong,” Riley said to applause. “I love my moms, and my moms love me and my brother, unconditionally.”
Troy Williams, a Salt Lake City gay activist and one of the organizers of the rally, said the event was intended to build off online petitions at Moveon.org calling on Herbert to let the court ruling stand in favor of marriage equality in Utah. At the time of the rally, the petitions had a total of 58,000 signatures.
“There’s so much excitement and energy right now,” Williams said. “Utah’s LGBT community is on fire and we are united like I have never seen before. There is such a sense of momentum and it was just happy coincidence that Friday morning Eric Holder announced the federal government would be acknowledging our marriages.”
Another institution showing signs of change — albeit subtle — is the Church of Jesus Christ of Latter-day Saints, which is headquartered in Utah and nearly six years ago led the fight against same-sex marriage when California’s Proposition 8 came on the ballot.
In a statement the church issued on Friday, it reaffirmed its opposition to same-sex marriage, warning church officers not to employ “their ecclesiastical authority to perform marriages between two people of the same sex” and forbidding the use of church property for same-sex marriages.
Still, a portion of the statement advises members of the church to treat everyone with respect.
“While these matters will continue to evolve, we affirm that those who avail themselves of laws or court rulings authorizing same-sex marriage should not be treated disrespectfully,” the statement says. “The gospel of Jesus Christ teaches us to love and treat all people with kindness and civility — even when we disagree.”
The words came the day after news broke that the Mormon Church wouldn’t file a friend-of-the-court brief in the Utah case seeking marriage equality now before the U.S. Tenth Circuit Court of Appeals — a change in trajectory for the church after it joined the religious right in making filings before the U.S. Supreme Court when it considered Prop 8 and the Defense of Marriage Act.
Spencer Clark, executive director of Mormons for Equality, said the statement is notable because it could have come out when same-sex marriages started advancing throughout the country, but instead is happening now.
“But given the rapid spread of civil marriage equality over the past couple years it’s evident that the church has recognized that this is something that is not going away and with which they will have to co-exist,” Clark said. “The fact that this letter came out now, and not in 2001 or even 2004, is a tacit admission that the climate has incontrovertibly changed and that we as Mormons must confront reality.”
And there’s optimism going forward about the lawsuit. It’s pending before the U.S. Tenth Circuit Court of Appeals, which has pledged to consider the case on an expedited basis and is expected to render a decision this spring.
J. Seth Anderson, the other-half of the first gay couple married in Utah, said the short-lived nature of marriage equality in Utah demonstrates that the issue needs to be at the federal level and not left to the states.
“The states cannot be trusted to treat fairly, equally and lawfully their gay and lesbian citizens,” Anderson said. “There’s no statute in Utah law that allows the governor to select a group of marriage licenses and just declare them not recognized. It places Utah at the center of a very important national debate, and shows, I think, Utah digging its heels into keeping its position as a far right-wing rogue theocracy.”
The lawsuit may be the first to reach the U.S. Supreme Court among others seeking the court to find a constitutional right to same-sex marriage.
But Lawrence said he’s hoping the case ends with the Tenth Circuit ruling — with no appeal by the state of Utah to the Supreme Court — so that gay couples in Utah can continue marrying yet again as soon as possible.
“There are many people who want to this to go to SCOTUS, and if it does, we feel very strongly if we go to the Supreme Court this is going to be the end-all for the whole country,” Lawrence said. “That would be great, but I don’t want to keep our people in limbo for that long.”
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.

