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Oregon AG won’t defend marriage ban in court

Says law cannot withstand scrutiny ‘under any standard of review’

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Ellen Rosenblum, Oregon, gay news, Washington Blade
Ellen Rosenblum, Oregon, gay news, Washington Blade

Oregon Attorney General Ellen Rosenblum won’t defend her state’s marriage ban in court. (Photo public domain)

Oregon Attorney General Ellen Rosenblum announced on Thursday she won’t defend the state’s ban on same-sex marriage against a legal challenge, saying the law cannot withstand judicial scrutiny “under any standard of review.”

Meanwhile, the campaign led by Oregon United for Marriage to bring marriage equality to the state via ballot measure in November says it is holding the surplus of signatures already collected pending the outcome of the lawsuit.

In a seven-page legal filing, Rosenblum says the state largely agrees with the contentions against the ban on same-sex marriage raised by plaintiffs in the case, known as Rummel v. Kitzhaber.

“State Defendants will not defend the Oregon ban on same-sex marriage in this litigation,” Rosenblum concludes. “Rather, they will take the position in their summary judgment briefing that the ban cannot withstand a federal constitutional challenge under any standard of review.”

A Democrat elected to office in 2012, Rosenblum’s decision is along the lines of her earlier determination in October that Oregon should respect same-sex marriages performed in other jurisdictions.

Among the allegations that Rosenblum says the state won’t dispute in the lawsuit is the assertion that domestic partnerships, which Oregon has allowed since 2008, aren’t the equivalent of marriage.

“State Defendants admit that performing same-sex marriages in Oregon would have no adverse effect on existing marriages, and that sexual orientation does not determine an individual’s capacity to establish a loving and enduring relationship,” Rosenblum writes. “State Defendants likewise admit that domestic partnership registration confers many legal protections but not all of the rights, obligations, and privileges associated with marriage.”

Her decision not to defend the ban is consistent with the position of Nevada Attorney General Catherine Cortez Masto. Both Nevada and Oregon lie in the Ninth Circuit, where the U.S. Ninth Circuit Court of Appeals decided heightened scrutiny applies to laws related to sexual orientation in the case of SmithKline v. Abbott Laboratories.

Notably, Rosenblum never mentions the SmithKline decision or legal precedent for heightened scrutiny in announcing her decision that she won’t defend Oregon’s ban. Instead, she concludes the law fails under any standard of review.

Thomas Wheatley, director of organizing at Freedom to Marry and an adviser to Oregon United for Marriage, praised Rosenblum.

“Attorney General Rosenblum is right in refusing to waste taxpayers’ dollars by defending the indefensible anti-marriage law in Oregon,” Wheatley said. “Rosenblum is joined by other attorneys general from Virginia, Pennsylvania, and Nevada; and even Republican Governor Brian Sandoval in Nevada, who all came to the same conclusion that the state cannot in good conscience defend a law denying committed same-sex couples the freedom to marry.”

Brian Brown, president of the anti-gay National Organization for Marriage, nonetheless criticized Rosenblum for what he said was abandoning her constitutional duties.

“Attorney General Ellen Rosenblum is shamefully abandoning her constitutional duty to defend the marriage amendment overwhelmingly enacted by the people of Oregon,” Brown said. “She swore an oath of office that she would enforce all the laws, not just those she personally agrees with. The people are entitled to a vigorous defense of the laws they enact, and the marriage amendment is no exception to that solemn obligation.”

The case is pending in the U.S. District Court for the District of Oregon before U.S. District Judge Michael McShane, who’s gay and among the handful of openly gay federal judges serving on the federal bench. Oral arguments in the case are set for April 23.

Legal experts say the Ninth Circuit precedent for applying heightened scrutiny to matters related to sexual orientation bodes well for rulings in favor of marriage equality within this jurisdiction.

Campaign holding signatures for ballot initiative

At the same time the litigation is advancing, LGBT activists were preparing to bring the issue to the ballot once more in 2014 to reverse the ban and legalize same-sex marriage in Oregon.

Mike Marshall, campaign manager for Oregon United for Marriage, announced following Rosenblum’s decision that his campaign has already collected 160,000 signatures — more than the 116,284 needed by July 3 to qualify the measure for the ballot — but is placing those efforts on hold pending the outcome of the federal lawsuit.

“Now that we have done the hard work of assuring a place on the ballot and moving public opinion, we have the ability to wait for the courts to do the right thing,” Marshall said. “No one is interested in engaging in an expensive political campaign if we don’t have to. We have more than 4,000 volunteers across Oregon to thank for that.”

Meanwhile, Oregon United for Marriage is planning a statewide tour for the first two weeks of March to talk to supporters of same-sex marriage about the campaign’s next steps.

In 2004, Oregon voters approved at the ballot a constitutional ban on same-sex marriage with 57 percent of the vote. But public opinion has since changed. According to a poll unveiled Thursday by Oregon United for Marriage, 55 percent of likely November voters support same-sex marriage while 41 percent are opposed.

As preparations for the marriage initiative are underway, Oregon anti-gay groups are working to place on the ballot a religious exemption initiative on the ballot that would carve out a portion of state civil rights law to allow businesses to discriminate against same-sex couples.

Marshall said he’s prepared for a campaign against the anti-gay measure regardless of what happens with the marriage initiative.

“At a moment when Oregonians should be celebrating the imminent end of discrimination against loving, committed couples—we’re gearing up to fight another effort to write discrimination back into our laws,” Marshall said.

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District of Columbia

D.C. Black Pride 2025: Events, parties, and empowerment

Annual Black LGBTQ culture, community, and resilience celebration starts Wednesday

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(Washington Blade photo by Michael Key)

Beginning on Wednesday, Washington will host a weekend-long celebration of melanated LGBTQ talent, power, and resilience with the return of D.C. Black Pride. From glamorous balls and dance parties to drag performances and more, the weekend offers something for everyone looking to celebrate Black queer existence.

The Washington Blade sat down with Keyna Hutton, president and CEO of the Center for Black Equity and organizer of D.C. Black Pride, to discuss the event’s current significance and the programming they are most excited about.

While the weekend may appear to be all about parties and celebration, Hutton emphasized that the heart of D.C. Black Pride lies in the connections it fosters.

“I always try to remind people that Black Pride is a safe space for communities, for people that don’t have these kinds of safe spaces where they live,” Hutton said. “People that live in some rural parts of the country, some very conservative spaces, they don’t have a space to be Black and queer. Many don’t have a space that they are able to be their full authentic selves. So Black Pride is that space. D.C. Black Pride creates that space for folks to be able to come to and just be free and live at all your intersections, to be glorified and be appreciated for who you are, as diverse as you are.”

They continued, pointing to the importance of this year’s theme — freedom — especially amid a political climate that remains hostile toward marginalized groups, particularly the transgender community.

“The real root of D.C. Black Pride is about creating a safe space and supporting community,” Hutton said. “If you think about what’s going on right now politically, it is even more important for us to maintain these spaces.”

Despite the external pressures facing the Black LGBTQ community, Hutton made clear that the weekend is also about celebration, especially for those traveling from near and far to be part of it.

“I am very excited for the Mr. & Miss D.C. Black Pride Pageant,” she said. “We have Ts Madison, Monroe Alise, Kerri Colby, Ben Garson, Anthony Oakes, Heather Mahogany, Apple Brown Betty. We have so many Black queer folks and queer allied people that are going to be here taking up space with us, loving up on us, entertaining us, all for free!”

For the first time this year, a free shuttle will run between the Capitol Hilton and official D.C. Black Pride events all weekend long, making it easier than ever to join in the celebration.

D.C. Black Pride party roundup

Weekend-long parties
Supreme Fantasy Weekend Party
All weekend long, the D.C. Black Pride party Supreme Fantasy will be in full swing beginning on May 22. With 12 events across five days, there’s something for everyone! From drinking and dancing to drag and so much more, this five-day celebration will keep the D.C. Black Pride party pumping through May 26. Tickets and additional information for this 21+ event are available at xavierpartydc.com.

Bliss Party Lineup
Celebrate being a Black LGBTQ woman with the Bliss party lineup! From brunches to dance parties to panels, Bliss has something for everyone. For tickets and additional information for this 21+ party series, visit eventbee.com.

Wednesday, May 21
Cocktails & Conversations
Join hundreds of Black queer women as they kick off D.C. Black Pride with a cocktail reception. Grab a drink and settle in at one of Washington’s swankiest cocktail bars, ZOOZ (636 Maine Ave. S.W.), at 7 p.m., and mingle before the weekend gets going. This is a 21+ event. For tickets and more information, visit BlissPride.com.

Thursday, May 22
Welcome to D.C. Happy Hour
Celebrate the beginning of D.C. Black Pride with drinks in the heart of the Dupont gayborhood! From 5-10 p.m. on the rooftop of Decades (1219 Connecticut Ave. N.W.), take in the spring weather and mix with other Black queer folks. For tickets and more information about this 21+ event, visit BlissPride.com.

Mr. & Miss D.C. Black Pride Pageant
Get ready for the ultimate showcase of Black excellence and pride with the Mr. & Miss D.C. Black Pride Pageant! The competition begins at 6 p.m. at the Capital Hilton (1001 16th St. N.W.), celebrating the history, beauty, and diversity of the DMV’s Black drag and entertainment scene. For tickets, visit Eventbrite.

D.C. Black Pride Unity Free Ball
Join the Capitol Ballroom Council for their 9th annual Unity Free Ball at the Capital Hilton (1001 16th St. N.W.). From 9 p.m. to 1 a.m., show off how you embody this year’s theme of “Freedom.” With over 50 categories, there’s something for everyone. Hosts Icon East Coast Father Duante’ Balenciaga, Legendary East Coast Mother Daijah West, Legendary Domo Alpha Omega, and Empress Angel Rose Garcon will ensure the night is unforgettable. For categories, prizes, and free tickets, visit dcblackpride.org.

The Pre-Pregame Act I
Pregame D.C. Black Pride with Daryl Wilson at The Ugly Mug (723 8th St. S.E.). Expect food, drinks, hookah, and more starting at 10 p.m. For tickets, visit dcblackpride.org.

Friday, May 23
Shoot Your Shot & Drink
Date. Dance. Collaborate! Join Lamont White and Tyrice Johnson for a special in-person LGBTQ+ dating experience at North Gate Grill (1001 16th St. N.W.). Tickets available at dcblackpride.org.

D.C. Black Pride Opening Reception
Kick off the 34th annual D.C. Black Pride with award-winning comedian Anthony Oakes as he hosts an evening of music, drag, and more. Queer icons including Ts Madison, Kerri Colby, and Monroe Alise will be in attendance. Festivities begin at 5 p.m. at the Capital Hilton (1001 16th St. N.W.). Free tickets are available at dcblackpride.org.

Host Hotel Welcome Reception
Start the weekend with a party hosted by Daryl Wilson Events at the Capital Hilton, the official host hotel. Beginning at 3 p.m., guests can pick up VIP passes, connect with other attendees, and get into the Pride spirit. More info at dcblackpride.org.

The Pastel Party
Celebrate Black queer womanhood at the Pastel Party at STRAND Nightclub (1400 I St. N.W.). Beginning at 10 p.m., this event offers a vibrant, affirming space. For tickets to this 21+ event, visit BlissPride.com.

Saturday, May 24
D.C. Black Pride Writers Forum
Join Black LGBTQ writers from across the country for a discussion on storytelling, publishing, and politics. Special guests, including Volo Akili (Dear Universe), will be featured. The event begins at 1 p.m. at the Capital Hilton. More info at dcblackpride.org.

Mary Bowman Poetry Slam
Celebrate Black queer voices at the Mary Bowman Poetry Slam at the Capital Hilton. Open mic registration starts at 5:30 p.m., with the show beginning at 6 p.m. Cash prizes will be awarded. More info at dcblackpride.org.

PURE BLISS – The Main Event
Dance the night away with other Black queer women at PURE BLISS, starting at 10 p.m. at Next Level (15 K St. N.E.). Enjoy music, drinks, and community. Tickets are $25 at BlissPride.com.

D.C. Black Pride White Party
Put on your best white outfit and party with the Black queer community at the iconic White Party. Rapper KHIA performs live at Echostage (2135 Queens Chapel Road N.E.), starting at 10 p.m. Tickets available at dcblackpride.org.

Meatloaf Saturday
Join over 5,000 Black queer men across three dance floors with four DJs, go-go dancers, and live performances. Meatloaf Saturday kicks off at 10 p.m. at Public Nightclub (1214 18th St. N.W.). Tickets at dcblackpride.org.

Sunday, May 25
Euphoria: D.C. Black Pride 2025 Closeout – The Finale
Close out Pride weekend with one last rooftop party at Twelve After Twelve (1212 18th St. N.W.) from 4-10 p.m. Celebrate with drinks, dancing, and community in Dupont Circle. Tickets are $15 at dcblackpride.org.

Wet Dreamz Mega Day Party
Join hundreds of Black LGBTQ people at one of the biggest events of the weekend — Wet Dreamz Mega Day Party — at The Bullpen @ Nats Stadium (1201 Half St. N.E.), starting at 5 p.m. Hosted by Daryl Wilson Events. Tickets available at dcblackpride.org.

Sunday Night Super Party
Four floors. Multiple DJs. One unforgettable night. Daryl Wilson’s Sunday Super Party at The Park (920 14th St. N.W.) begins at 10 p.m. and keeps going late. This 21+ event is free to attend. Details at dcblackpride.org.

Tuesday, May 27
WorldPride Black Queer Film Festival
Celebrate the art and impact of Black queer filmmakers with D.C. Black Pride and WorldPride at the three-day Black Queer Film Festival, kicking off at 6 p.m. at Howard University’s Blackburn Digital Auditorium (2397 6th St. N.W.). Free tickets available at dcblackpride.org.

In addition to these events, Thurst Lounge (2214 14th St. N.W.) — D.C.’s only Black-owned LGBTQ lounge — will host nightly celebrations of Black queer excellence. The weeklong celebration, Thurstnik Reloaded, runs from Wednesday through Memorial Day Monday. No cover charge, but a 21+ ID is required.

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Cuba

Cuban lawmakers to consider simplifying process for trans people to change IDs

National Assembly in July will reportedly debate proposal

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A transgender Pride flag flies over Mi Cayito, a beach east of Havana. (Washington Blade photo by Michael K. Lavers)

Cuban lawmakers are reportedly poised to consider a proposal that would allow transgender people to legally change the gender marker on their ID documents without surgery.

Cubadebate, a government-run website, on May 11 referenced the proposal in an article about an International Day Against Homophobia, Biphobia, and Transphobia march in Havana that the National Center for Sexual Education organized.

Mariela Castro, the daughter of former Cuban President Raúl Castro who spearheads LGBTQ issues on the island, is CENESEX’s director.

Cubadebate notes the National Assembly in July will consider an amendment to the country’s Civil Registry Law that “for the first time would allow citizens to determine the sex on their identification cards without the need for a court order or gender assignment surgery.”

Argentina, Uruguay, Germany, and Malta are among the countries that allow trans people to legally change their name and gender without surgery.

Cuba’s national health care system has offered free sex-reassignment surgery since 2008, but activists who are critical of Mariela Castro and CENESEX have said access to these procedures is limited. Mariela Castro, who is also a member of the National Assembly, in 2013 voted against a measure to add sexual orientation to Cuba’s labor code because it did not include gender identity.

The Cuban constitution bans discrimination based on sexual orientation and gender identity, among other factors. Authorities routinely harass and detain activists who publicly criticize the government.

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Maryland

Wes Moore signs HIV decriminalization bill

Md. law named after Carlton Smith

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Maryland Gov. Wes Moore speaks at the 2024 Democratic National Convention in Milwaukee. A bill that he signed on May 20, 2025, will decriminalize HIV in Maryland. (Washington Blade photo by Michael Key)

Maryland Gov. Wes Moore on Tuesday signed a bill that decriminalizes HIV in the state.

State Dels. Kris Fair (D-Frederick County) and Luke Clippinger (D-Baltimore City) are among the lawmakers who sponsored House Bill 39 or the Carlton R. Smith Act, which is named after the long-time activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in May 2024.

Smith was a member of the Coalition to Decriminalize HIV in Maryland that advocated for the bill. FreeState Justice, a statewide LGBTQ rights group, was also part of the coalition.

“At FreeState Justice, we are proud to stand with advocates, health experts, and lawmakers who worked diligently to advance this bill. The bipartisan support for the Carlton R. Smith Act is a testament to the power of education, research, and courageous leadership,” said FreeState Justice Executive Director Phillip Westry in a statement. “It sends a clear message: Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”

Maryland is the fifth state to decriminalize HIV.

North Dakota Gov. Kelly Armstrong, a Republican, in March signed a bill that decriminalized HIV in his state.

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