News
Once again, marriage equality inches closer to Supreme Court
At least four appeals courts set to consider issue this spring
David Boies and Ted Olson are leading the VIrginia lawsuit heading to the U.S. Supreme Court (Washington Blade photo by Michael Key).
Not even a year has passed since the U.S. Supreme Court issued its landmark decisions against the Defense of Marriage Act and California’s Proposition 8, but a number of cases are already lining up that would enable the high court to make a nationwide ruling in favor of marriage equality.
At least four appellate courts are set to consider the issue this spring amid five district court decisions in favor of marriage equality in Utah, Oklahoma, Ohio, Kentucky and Virginia. Once the appellate courts make their decisions, they will likely be appealed this year to the Supreme Court, which would give justices the opportunity to make a final decision in 2015.
Although the Ohio ruling was limited to death certificates for married gay couples and the Kentucky ruling only provided recognition of out-of-state same-sex marriages, each of the rulings handed down since the DOMA decision were in favor of marriage equality. And in each ruling, justices invoked the decision against DOMA as part of their reasoning for determining state constitutional amendments against same-sex marriage violated the Constitution.
U.S. District Judge John Heyburn, an appointee of former President George H.W. Bush, noted last week in his decision that the words of the DOMA decision by U.S. Associate Justice Anthony Kennedy compels him to rule against Kentucky’s marriage laws.
“Ultimately, the focus of the Court’s attention must be upon Justice Kennedy’s majority opinion in Windsor,” Heyburn said. “While Justice Kennedy did not address our specific issue, he did address many others closely related. His reasoning about the legitimacy of laws excluding recognition of same-sex marriages is instructive. For the reasons that follow, the Court concludes that Kentucky’s laws are unconstitutional.”
Ted Olson, the Republican half of the legal duo arguing against Virginia’s ban on same-sex marriage, during a conference call Friday noted the consistency with which district courts have struck down anti-gay marriage amendments in the aftermath of the DOMA decision.
“Federal courts are consistently, regularly now, affirming the right of gay and lesbian citizens to be a part of the population of the rest of our citizens with equal rights to the fundamental right of marriage,” Olson said.
The cases against same-sex marriage bans in Utah and Oklahoma are the furthest advanced of all the lawsuits seeking marriage equality. They’re before the U.S. Tenth Circuit Court of Appeals in Denver, where oral arguments are scheduled in Utah case for April 10 and the Oklahoma case for April 17. The National Center for Lesbian Rights has joined the law firm of Magleby & Greenwood, P.C., as counsel in the Utah case.
Just behind that lawsuit is the case seeking marriage equality in Nevada filed by Lambda Legal known as Sevcik v. Sandoval. After Nevada Attorney General Catherine Cortez Masto declared her intent to withdraw her brief in favor of the marriage ban, the U.S. Ninth Circuit Court of Appeals last week acceded to her request and pledged to proceed with the lawsuit on an expedited basis, although no date has been set for oral arguments.
The Ohio case has already been appealed to the U.S. Sixth Circuit Court of Appeals, which is also the destination of the Kentucky lawsuit. These cases are also in their early stages at the appellate level, and schedule hasn’t been determined.
And the court ruling against Virginia’s ban on same-sex marriage, the latest to come down from a federal court, will be headed to the U.S. Fourth Circuit of Appeals. Although Virginia Attorney General Mark Herring isn’t defending the ban against same-sex marriage in court, Olson said he sees no standing issue in the case and because county clerks are participating in the lawsuit, the state continues to enforce the law.
But according to Lambda Legal, a total of 52 marriage equality lawsuits are pending in 27 states, and any of the cases at district court level could soon join those at the appellate level.
A judge will likely render a decision soon in the other lawsuit seeking marriage equality in Virginia, which was filed by the American Civil Liberties Union and Lambda Legal. A judge in Michigan has set a trial for that state’s constitutional ban on same-sex marriage on Feb. 25, just as a trial has been set in the Pennsylvania case for June 9.
Given the sheer number of cases making their way through the courts, David Boies, the Democratic half of the legal duo in the Virginia lawsuit, said the Supreme Court would have no shortage of cases from which to choose by the time it begins its term in the fall.
“I think they will all get to the Supreme Court at about the same time,” Boies said. “The Supreme Court can decide to take them all and consolidate them, the Supreme Court can take one or more of the cases, but not all of then. I think that is something that will be determined by the Supreme Court, and, to some extent, by the timing of the court of appeals decision.”
It’s technically possible for the Supreme Court to take up this issue this term once those cases are appealed, which would mean a nationwide ruling by June.
Jon Davidson, legal director for Lambda Legal, nonetheless said it “seems extraordinarily unlikely” the litigation would play out in that way.
“Even if an appellate decision in one of these cases were issued by May, a certiorari petition likely would not get filed until the summer, and the Supreme Court wouldn’t act on that until October,” Davidson said. “It does not have to grant cert on the first, or, even any of these cases. Even if it does, there likely wouldn’t be a decision until the spring of 2015.”
One issue to watch as these cases make their way up is whether courts apply heightened scrutiny, or a greater assumption a law is unconstitutional, to their decisions on the marriage bans. Such a determination would designate gay people with a “quasi-suspect classification” and establish precedent making other laws related to sexual orientation less likely to stand up in court.
When it ruled on the DOMA case last year, the U.S. Second Circuit Court of Appeals already set a precedent for heightened scrutiny for laws related to sexual orientation, but every state in that jurisdiction — New York, Vermont and Connecticut — already has marriage equality.
More recently, the U.S. Ninth Circuit Court of Appeals applied heightened scrutiny in its decision for Smith Kline v. Abbott Laboratories, which determined that jurors cannot be excluded from a trial because of sexual orientation.
Because of the application of heightened scrutiny in that case, the Nevada attorney general stopped defending her state’s marriage ban. Further, expectations are high that courts in Oregon and Arizona, which lie within that jurisdiction, will strike down bans in those states.
It was speculated the Supreme Court took up the Edith Windsor’s challenge to DOMA as opposed to others because the Second Circuit applied heightened scrutiny on that decision, although the high court never explicitly addressed the issue of heightened scrutiny in its ultimate decision. Eyes will be on the Supreme Court to see if it will take up the Ninth Circuit marriage case among others to resolve the issue of heightened scrutiny in the next go-around with marriage equality.
Doug NeJaime, who’s gay and a law professor at University of California, Irvine, nonetheless said he doesn’t think the Supreme Court has interest in resolving this issue for laws related to sexual orientation.
“The Supreme Court in Windsor didn’t explicitly reach this question, even though the lower court had based its decision on heightened scrutiny,” NeJaime said. “Given that, it doesn’t seem the Court is particularly interested in resolving that question, and I don’t think it will do much to persuade the court to take or not take a case.”
Another question is the extent to which the Obama administration will participate in the pending lawsuits. The Justice Department helped litigate against DOMA as party in the lawsuit and assisted in the lawsuit against Prop 8 as a friend of the court, although in the latter case the administration filed a brief and took part in oral arguments only when the litigation reached the Supreme Court.
A number of LGBT advocates have said they’d welcome participation from the Obama administration in the marriage equality cases without making a full-throated call for assistance. On Friday, White House Press Secretary Jay Carney wouldn’t make a prediction on whether the administration will take part and deferred comment to the Justice Department, which hasn’t responded to the Blade’s request to comment.
The opportunity for the Justice Department to file a brief in the Nevada case before the Ninth Circuit has already passed, but another opportunity will come soon. The deadline for filing a friend-of-the-court brief before the Tenth Circuit in the Utah case is March 4.
Erik Olvera, spokesperson for the National Center for Lesbian Rights, echoed the sense of other advocates on the issue, saying a friend-of-the-court brief from the Obama administration would be “welcome” in the Utah case.
“We always welcome the Obama administration to express its views in cases concerning civil rights protected by the U.S. Constitution,” Olvera said.
Kazakh President Kassym-Jomart Tokayev on Tuesday signed a bill that will ban so-called LGBTQ propaganda in the country.
Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” The Kazakh Senate on Dec. 18 approved the bill.
Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China. Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.
The year 2025 brought unprecedented challenges to D.C. as President Trump initiated a takeover of local police operations and implemented ICE raids in the city. Below are our picks for the top 10 LGBTQ news stories of the year.
10. Man gets 15 years for drug sale that led to deaths of two gay men
A D.C. man was sentenced by a federal judge on June 26, 2025, to 15 years in prison after he pleaded guilty three months earlier to conspiracy related charges that he distributed large amounts of fentanyl and cocaine in the D.C. area, including the sale of fentanyl that resulted in the December 2023 deaths of two D.C. gay men.
A statement released by the Office of the U.S. Attorney for D.C. said Jevaughn Mark, 33, was charged, among other things, with selling fentanyl rather than the requested ketamine, known as “Special K,” to one of the two gay victims who shared the drug with his gay friend. Police identified the men as Brandon Roman, 38, a prominent D.C. attorney and LGBTQ rights advocate, and Robbie Barletta, 28, a home renovation business owner and historic preservationist.
An official with the D.C.-based group HIPS, which provides services to drug users, called the deaths of the two men a poisoning rather than an overdose because they unknowingly consumed the highly toxic fentanyl rather than the ketamine they thought they had.
9. Drag queens, protesters denounce Trump’s Kennedy Center takeover
D.C. drag performer Tara Hoot was among other drag queens and about 100 supporters who marched in February from Washington Circle to the Kennedy Center to protest President Donald Trump’s Kennedy Center “takeover” by his appointment of Trump supporters to the performing arts facility’s board of directors.
Hoot and three other local drag performers followed up with their own Kennedy Center protest in June by attending the Kennedy Center’s opening night performance of “Les Misérables” while Trump himself was in attendance. Among the concerns raised by the protesters was the Kennedy Center’s decision in February to cancel a performance by the Gay Men’s Chorus of Washington scheduled for May to celebrate the upcoming WorldPride 2025 DC events. A Kennedy Center spokesperson said the performance was canceled because of “financial” and “scheduling” factors and not by the Trump initiated management changes.
8. D.C. LGBTQ Center celebrates opening of new, larger offices
The D.C. LGBTQ+ Community Center officially opened its new expanded offices on April 26 at 1828 Wiltberger St., N.W., located one block from the Shaw Metro station.
Spanning 6,671 square feet of intentionally designed space, Center Director Kimberley Bush said the new space would offer a wide range of resources for LGBTQ individuals in need – including mental health services, job readiness programs, cultural events and community support groups, all under one roof.
7. Deaths of five key local LGBTQ advocates in 2025
The LGBTQ community took note of the passing of at least five highly regarded local LGBTQ advocates in 2025. Among them were Jeri Hughes, 73, a longtime local transgender rights activist; Dale Sanders, 75, a highly acclaimed D.C. attorney for more than 40 years who played a leading role in providing legal services to people with HIV/AIDS; Patrick Shaw, 60, a highly regarded D.C. public schools teacher; Thomas Mangrum, 61, an acclaimed advocate for people with disabilities and LGBTQ rights activist involved in the city’s Capital Pride events; and Loraine Hutchins, a nationally known and acclaimed advocate for bisexual and LGBTQ rights, and co-author and editor of a groundbreaking book on bisexuality.
6. Pro-LGBTQ Spanberger elected Va. governor
Former congresswoman and longtime LGBTQ rights supporter Abigail Spanberger (D) won her race for governor of Virginia on Nov. 6, defeating the state’s Republican lieutenant governor, Winsome Earle-Sears, who expressed strong opposition to LGBTQ equality. Spanberger, who will succeed incumbent GOP Gov. Glenn Youngkin in January, becomes Virginia’s first female governor.
Meanwhile, John Reid, a gay conservative radio talk show host in Richmond for many years, lost his race as the Republican candidate for lieutenant governor in Virginia, falling short of becoming the state’s first openly gay person to win a statewide office. Reid lost to Democrat Ghazala Hashmi, a member of the Virginia State Senate, who became the first Muslim woman to win election to a statewide office in any state.
5. Trans erasure hits D.C.
The National Park Service, which owns and maintains Dupont Circle as a federal park, in February removed all references to transgender people from its website devoted to Dupont Circle history. In a development believed to be linked to one of President Trump’s early executive orders banning federal support for trans related issues, the Park Service removed all mention of trans people from its website but left on the site multiple references to the “GLB community.”
In yet another act of what LGBTQ activists are calling “trans erasure,” D.C.’s Children’s National Hospital in July announced it would discontinue beginning Aug. 30 gender transition medical care it has provided for juvenile patients for at least the past 20 years. In a statement posted on its website, the highly acclaimed pediatric hospital said the change was made “in light of escalating legal and regulatory risks to Children’s National.” Most observers interpreted that to mean the risk of federal funding cuts linked to the Trump administration’s animus toward trans supportive programs or policies.
4. D.C. Mayor Bowser announces she will not run for re-election
D.C. Mayor Muriel Bowser, a longtime vocal supporter of the LGBTQ community, announced on Nov. 25 that she will not run for a fourth term. Since first taking office as mayor in January 2015, Bowser has been an outspoken supporter on a wide range of LGBTQ-related issues, including marriage equality and services for LGBTQ youth and seniors.
LGBTQ activists have pointed out that Bowser’s record of support on LGBTQ issues dates back to her tenure as the Ward 4 D.C. Council member from 2007 through January 2015, when she took office as mayor. They also credit her with expanding and significantly increasing funding for the Mayor’s Office of LGBTQ Affairs and appointing the largest number of openly LGBTQ officials to D.C. government jobs than any prior D.C. mayor.
“It has been the honor of my life to be your mayor,” Bowser said in a statement.
3. D.C. LGBTQ bars ‘hanging in there’ amid tough economy
The owners of several of D.C.’s at least 25 LGBTQ bars told the Blade in November they had been negatively impacted by a series of developments and issues impacting most other D.C. bars, restaurants, and nightlife venues. Among the lead issues impacting them, they said, were the deployment by President Trump of National Guard troops on city streets, the nearly two-month-long federal government shutdown that ended in late November, and skyrocketing prices of food and other supplies brought about by the Trump administration’s tariff program.
Other factors cited were a decline in tourist visits to D.C. due to alienation from the Trump administration and a large increase in the number of LGBTQ bars in recent years that some observers said has resulted in fewer people going to each of the LGBTQ bars, the latest one, Rush at 14th and U Street, N.W., having opened in December.
2. At least 1.2 million turn out for WorldPride D.C.
At least 1.2 million people turned out from throughout the U.S. and internationally for WorldPride D.C. 2025, which took place from mid-May through June. It included hundreds of events held across the city. Among them were an international human rights conference, a March on Washington for LGBTQ Equality, sporting events with LGBTQ athletes, concerts by LGBTQ choral groups and nationally acclaimed pop musicians.
The events culminated with a six-hour-long WorldPride Parade on June 7 that drew hundreds of thousands of participants and bystanders and included a 1,000-foot long rainbow flag that led the parade. The WorldPride street festival and concert took place that same day and the following day, on June 8, along Pennsylvania Ave, N.W. that included hundreds of booths.
The 1.2 million attendance and the a $310 million economic impact it had on the city were significantly less that what had been initially predicted by city officials, who, along with LGBTQ activists, said the lower attendance and economic impact was due in part to the anti-LGBTQ policies and alienation of many potential foreign visitors by the Trump administration.
1. Trump takes control of D.C. police, deploys National Guard
LGBTQ rights advocates joined community leaders across the city in condemning President Donald Trump’s decision in August to take control of the D.C Metropolitan Police Department and deploy 800 National Guard troops to address what he called a crime wave caused by “bloodthirsty criminals” and “roving mobs of wild youth.”
A coalition of local LGBTQ advocacy organizations joined other community leaders, including gay D.C. Council member Zachary Parker (D-Ward 5), in calling Trump’s action a “power grab” aimed at eliminating D.C.’s locally elected government that would adversely impact people of color, the LGBTQ and immigrant communities.
In a development that captured national attention, a gay man was arrested on Aug. 10 on a misdemeanor assault charge for tossing a hero sandwich into the chest of a uniformed U.S. Customs and Border Control agent on a street near several gay bars in what he called an act of protest and defiance of the Trump deployment of federal troops and agents in D.C. In what some observers called a gesture of support for gay sandwich thrower Sean Charles Dunn, a federal court jury handed down a verdict of not guilty for the assault charge.
Federal Government
Holiday week brings setbacks for Trump-Vance trans agenda
Federal courts begin to deliver end-of-year responses to lawsuits involving federal transgender healthcare policy.
While many Americans took the week of Christmas to rest and relax, LGBTQ politics in the U.S. continued to shift. This week’s short recap of federal updates highlights two major blows to the Trump-Vance administration’s efforts to restrict gender-affirming care for minors.
19 states sue RFK Jr. to end gender-affirming care ban
New York Attorney General Letitia James announced on Tuesday that the NYAG’s office, along with 18 other states (and the District of Columbia), filed a lawsuit to stop U.S. Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. from restricting gender-affirming care for minors.
In the press release, Attorney General James stressed that the push by the Trump-Vance administration’s crusade against the transgender community — specifically transgender youth — is a “clear overreach by the federal government” and relies on conservative and medically unvalidated practices to “punish providers who adhere to well-established, evidence-based care” that support gender-affirming care.
“At the core of this so-called declaration are real people: young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available,” said Attorney General James. “Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices. My office will always stand up for New Yorkers’ health, dignity, and right to make medical decisions free from intimidation.”
The lawsuit is a direct response to HHS’ Dec. 18 announcement that it will pursue regulatory changes that would make gender-affirming health care for transgender children more difficult, if not impossible, to access. It would also restrict federal funding for any hospital that does not comply with the directive. KFF, an independent source for health policy research, polling, and journalism, found that in 2023 federal funding covered nearly 45% of total spending on hospital care in the U.S.
The HHS directive stems directly from President Donald Trump’s Jan. 28 Executive Order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.
The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures like the one pushed by President Trump’s administration that restrict access to trans health care.
“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”
The lawsuit also names Oregon, Washington, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Pennsylvania, Rhode Island, Vermont, and Wisconsin as having joined New York in the push against restricting gender-affirming care.
At the HHS news conference last Thursday, Jim O’Neill, deputy secretary of the department, asserted, “Men are men. Men can never become women. Women are women. Women can never become men.”
DOJ stopped from gaining health care records of trans youth
U.S. District Judge Cathy Bissoon blocked an attempt by the Department of Justice (DOJ) to gain “personally identifiable information about those minor transgender patients” from the University of Pittsburgh Medical Center (UPMC), saying the DOJ’s efforts “fly in the face of the Supreme Court.”
Journalist Chris Geidner originally reported the news on Dec. 25, highlighting that the Western District of Pennsylvania judge’s decision is a major blow to the Trump-Vance administration’s agenda to curtail transgender rights.
“[T]his Court joins the others in finding that the government’s demand for deeply private and personal patient information carries more than a whiff of ill intent,” Bissoon wrote in her ruling. “This is apparent from its rhetoric.”
Bissoon cited the DOJ’s “incendiary characterization” of trans youth care on the DOJ website as proof, which calls the practice politically motivated rather than medically sound and seeks to “…mutilate children in the service of a warped ideology.” This is despite the fact that a majority of gender-affirming care has nothing to do with surgery.
In United States v. Skrmetti, the Supreme Court ruled along party lines that states — namely Tennessee — have the right to pass legislation that can prohibit certain medical treatments for transgender minors, saying the law is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it does not involve suspect categories like race, national origin, alienage, and religion, which would require the government to show the law serves a compelling interest and is narrowly tailored, sending decision-making power back to the states.
“The government cannot pick and choose the aspects of Skrmetti to honor, and which to ignore,” Judge Bissoon added.
The government argued unsuccessfully that the parents of the children whose records would have been made available to the DOJ “lacked standing” because the subpoena was directed at UPMC and that they did not respond in a timely manner. Bissoon rejected the timeliness argument in particular as “disingenuous.”
Bissoon, who was nominated to the bench by then-President Obama, is at least the fourth judge to reject the DOJ’s attempted intrusion into the health care of trans youth according to Geidner.
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