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Court: Tenn. must recognize gay couples’ marriages

Judge predicts bans on gay nuptials will become ‘footnote’ in history

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Regnerus, gay juror, National LGBT Bar Association, Gay News, Washington Blade

A federal court has ordered Tennessee to recognize the same-sex marriages of six gay couples (Image courtesy Wikimedia Commons).

A federal judge in Tennessee issued a preliminary injunction ordering the state to recognize same-sex marriages performed out-of-state — but only for the six plaintiff couples named in the lawsuit.

In a 20-page ruling, U.S. District Judge Aleta Trauger, a Clinton appointee, handed down the decision without making a final determination on whether the state’s anti-recognition laws are constitutional, but says they likely won’t stand up in court.

“The plaintiffs’ Motion for Preliminary Injunction will be granted, and the court will issue an injunction against the defendants, prohibiting them from enforcing the Anti-Recognition Laws against the six plaintiffs in this case,” Trauger writes.

Trauger suggests she’ll wait to issue a final determination after more courts in her circuit issue rulings on same-sex marriage, but adds the trajectory of recent decisions in other jurisdictions bodes well for same-sex couples.

“At some point in the future, likely with the benefit of additional precedent from circuit courts and, perhaps, the Supreme Court, the court will be asked to make a final ruling on the plaintiffs’ claims,” Trauger said. “At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffs’ marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.”

The lawsuit, known as Tanco v. Haslam, was filed in October by private attorneys and the National Center for Lesbian Rights. Three same-sex couples are named in the lawsuit; each lived and were legally married in another state before moving to Tennessee. The couples filed a motion for preliminary injunction in November 2013 seeking immediate protection while their case proceeds.

The three couples are Dr. Valeria Tanco and Dr. Sophy Jesty of Knoxville; Army Reserve Sergeant First Class Ijpe DeKoe and Thom Kostura of Memphis; and Matthew Mansell and Johno Espejo of Franklin. Although the case was originally filed on behalf of four couples, Erik Olvera, an NCLR spokesperson, said one couple dropped out for personal reasons.

Shannon Minter, legal director for the National Center for Lesbian Rights, said the decision “marks yet another recognition” in a string of decisions that determined laws barring same-sex couples from marriage have no reasonable justification.

“The courts’ decisions also reflect a broader societal movement toward respect for same-sex couples and their families,” Minter said. “As people have gotten to know the same-sex couples who are their neighbors, co-workers, relatives, and friends, they have come to see the unfairness of laws that deny protection to loving, stable relationships and stigmatize children being raised by same-sex parents.”

In her decision, Trauger reflects on the U.S. Supreme Court’s decision against the Defense of Marriage Act, saying the overwhelming case law following the ruling has led courts to determine state laws barring same-sex marriage are unconstitutional.

“In light of this rising tide of persuasive post-Windsor federal caselaw, it is no leap to conclude that the plaintiffs here are likely to succeed in their challenge to Tennessee’s Anti- Recognition Laws,” Trauger said.

Dave Smith, a spokesperson for Gov. Bill Haslem, said the opinion is “under review” when asked if the decision will be appealed, but conveyed the sense that his boss isn’t happy with the decision.

 “The opinion is under review,” Smith said. “The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue. It’s inappropriate to comment further due to the continuing litigation.”

Sharon Curtis-Flair, a spokesperson for Tennessee Attorney General Robert Cooper, Jr., expressed a similar sentiment.

“We are reviewing the decision and intend to take all necessary steps to defend the law,” Curtis-Flair said.

Although courts in the Second Circuit and Ninth Circuit have issued rulings saying laws related to sexual orientation should be subject to heightened scrutiny, or a greater assumption they’re unconstitutional, Trauger doesn’t apply that standard because she suspects Tennessee’s marriage ban fails the lower standard of “rational basis” review.

“The court finds that the plaintiffs are likely to succeed on the merits of their equal protection challenge, even under a ‘rational basis’ standard of review,” Trauger writes. “For this reason, the court need not address at this stage whether sexual orientation discrimination merits a heightened standard of constitutional review or whether the plaintiffs are likely to prevail on their additional due process and right to travel challenges.”

Jesty, one of the plaintiffs in the case, said she and her spouse are “overjoyed with the ruling” because it will enable them to receive protections afforded to other opposite-sex couples in similar situations.

“As a result of this order, our daughter will never know a time when her bonds with her loving parents were not protected or the state saw her family as less worthy than other families,” Jesty said. “We look forward to the resolution of this case so that all married same-sex couples in Tennessee can have the protections that we were granted today.”

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Hungary

Viktor Orbán ousted in Hungarian elections

Anti-LGBTQ prime minister conceded defeat after polls closed

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Hungarian Prime Minister Viktor Orbán (Screen capture via ABC News Australia/YouTube)

Hungarian Prime Minister Viktor Orbán on Sunday conceded defeat in the country’s elections.

The Associated Press notes Péter Magyar’s center-right Tisza party is significantly ahead of Orbán’s Fidesz-KDNP coalition.

Orbán had been in office since 2010. He and his government have faced widespread criticism over its anti-LGBTQ crackdown.

Sunday’s elections took place less than a week after Vice President JD Vance traveled to Budapest, the Hungarian capital, and urged Hungarians to support Orbán.

The Washington Blade will update this story.

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Comings & Goings

Meléndez, Rosen take new roles at Wanda Alston Foundation

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From left, Yadiel Meléndez and Ben Rosen

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Yadiel Meléndez, on their new role as Community Associate, with the Wanda Alston Foundation. Meléndez is piloting a new role as a Community Associate at the Wanda Alston Foundation, where they support queer and trans young people in finding their footing, building independence, and experiencing a housing community where they are seen, valued, and affirmed. They are coming into this role with more than a decade of experience as a community organizer and operations specialist, supporting diverse communities through service, advocacy, and program coordination.

Previously they worked for Right Proper Brewing Shaw as a server and bartender and at Sephora, Washington, DC, and at FreshFarm, DC, in bilingual food access. They also worked freelance to build foundational structures for local queer BIPOC performance art coalitions, producing variety shows to curate space for marginalized performance artists in the community. They were a production manager for Haus of Hart Productions, a BIPOC centric performance art production. They also worked as field staff with the American Foundation for Suicide Prevention in Stafford, Va.  

Meléndez is bilingual, Spanish and English. Their work is guided by a commitment to dignity, safety, and trauma-informed engagement, particularly within LGBTQ and BIPOC communities.

Congratulations also to Ben Rosen LICSW, on his new role as program director, with the Wanda Alston Foundation. Rosen previously worked with Fountain House’s OnRamps program, helping to build a new, innovative outreach program for individuals considered chronically homeless, and living with serious mental illness, in the Times Square area of New York. Rosen is a Psychotherapist, having worked with SG Psychotherapy, and as the psychotherapist with the Nest Community Health Center (URAM).

Rosen has a B.F.A. in Theatre Arts: Musical Theatre, Minor in Psychology (Cum Laude) from Malloy University Conservatory; and his M.S.W. in Clinical Practice with Individuals, Families, and Groups, from The Silberman School of Social Work, Hunter College, N.Y. He is independently licensed in New York and Washington, D.C.

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An effort to increase the number of psychiatrists of color

After 35 years in law and advocacy, Rawle Andrews Jr. returns to his roots

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Rawle Andrews, Jr. is executive director of the American Psychiatric Association Foundation. (Courtesy photo)

Rawle Andrews Jr. took an indirect path to become executive director of the American Psychiatric Association Foundation (APAF). 

From a psychology major in college to becoming a lawyer, the passion for equity and inclusion that fueled him during his years at AARP and as a professor at Howard and Georgetown universities serves as the foundation for his career in mental health.

Andrews has made it his mission at APAF to prioritize youth mental health — including in schools in D.C. and across the country — and to reduce stigma around mental illness and increase the number of psychiatrists of color practicing in the U.S. 

Andrews, who began his educational career studying psychology, said he felt out of place in college when his classmates were pursuing medical careers and he was more interested in law.

“I was the only person in my cohort who was going to law school,” he said. “Everybody else wanted to be a doctor and go to medical school.” 

Everything changed for Andrews during the COVID-19 pandemic and after George Floyd was killed by police in Missouri: Those pivotal moments reshaped national conversations about health, race, and inequality, and pushed Andrews to rethink his career.  

“I saw people deathly afraid of some disease, but also mortified by the fact that they witnessed somebody die on TV,” he said. 

After nearly 16 years working as a lawyer in private practice and 15 years at AARP, Andrews found himself pulled back to mental and “whole body” health. 

“My goal in law school was to be a courtroom lawyer all the time. If you had told me in 1990 that I would be a practicing lawyer going to court every day, I would have laughed you out of this room. If you had told me in 2010 that I wouldn’t be an in-house lawyer every day … I would have laughed you out of this room,” he said. “Everybody thinks you’re going to go straight from A to B. Life doesn’t work A to B.” 

Now, Andrews says, he has the “ability to serve the whole house.” He can help “the eight-year-old who’s struggling in middle school … the parent who’s trying to get that child through, but also caring for an older loved one … who might have some cognitive decline or mobility challenges.” 

Building a pipeline of Black mental health professionals  

In his role at APAF, Andrews has his sights set on increasing the number of psychiatrists nationwide by reducing barriers to study and success, particularly for practitioners of color, who are vastly underrepresented. 

Only about 5% of physicians are Black, and the number for Black psychiatrists is even lower at just 2%, according to the American Psychiatric Association. Widespread stigma around mental illness in communities of color, combined with “systemic barriers that keep persons of color from getting into medical school and matching for residency with teaching hospitals after graduating,” have contributed to the low numbers, Andrews says. 

Financial pressures, limited residency slots, and a lack of exposure to psychiatry as a viable career all play important roles in limiting Black representation in the field. At the same time, stigma surrounding mental health — especially in Black communities — can discourage both patients and future physicians, according to Andrews. 

He explains that this stigma is rooted in underlying fear, shame, and historic discrimination, and the only way to deal with those issues is directly. If you break those down, Andrews said, you can actually address them.

There are signs of change, though. “In the digital world, more and more people are seeing and talking about mental health all the time,” Andrews said. “And I believe more and more young doctors of all colors are deciding, ‘we need more psychiatrists, and I want to be a part of that solution.’”

Not having enough psychiatrists of color has far-reaching consequences. If you are a “non-diverse” physician or a physician practicing without humility or cultural competency, you may over-diagnose or misdiagnose a patient, said Andrews. You might assume a patient has symptoms due to your own cognitive biases.

A 2024 study in the Journal of General Internal Medicine revealed that mistrust and suspicion were high among dozens of Black patients with serious mental illness, who said they felt doctors did not take their concerns seriously or took a condescending tone with them during appointments.

This type of treatment does not promote trust or disclosure, Andrews said. “What is my advantage to be vulnerable with people who don’t think much of me, because you already thought I was broken?”  

To combat medical racism and bias, APAF runs one of the largest psychiatry pipeline programs in the world. It provides more than 1,000 medical students from underrepresented and marginalized communities with training and professional development. Programs like the Diversity Leadership Fellowship emphasize cultural competency and evidence-based practices to better serve diverse groups and at-risk populations. 

These programs have had tangible success in producing leadership in the field of psychiatry: APA’s CEO Dr. Marketa Wills, the first CEO of color and first female CEO in the APA organization’s 180-year history, was a trainee with the APAF nearly three decades ago. 

Despite efforts to make healthcare more equitable for patients of color and members of the LGBTQ+ community, many experts believe that racism and biases are more deeply ingrained in the system than many realize. For example, a 2019 study found that Black patients suffering from depression are often misdiagnosed with schizophrenia, and a 2016 study revealed that many doctors wrongly believe that Black patients have higher thresholds for pain tolerance.

“If you don’t have cultural humility or cultural competency, you could over-diagnose somebody because you’re looking for them to be ADHD, you’re looking for them to be bipolar, you’re looking for them to be schizophrenic,” said Andrews. “And then, because of the fears, the stigmas, the shame, people don’t want to go and get tested either.”  

Youth mental health focus

Andrews says many fear that telling someone else about their struggles will cause that person to look down on them. That unwillingness to share about mental health challenges can start at a young age. 

That’s why the APAF has partnered with local organizations in the Washington, D.C., area to help young people address mental health concerns. One of the programs, Our Minds Matter, operates in D.C.-area schools and other states to educate students on signs of emotional distress and how to address it. APAF also runs the Notice.Talk.Act. at School program, which helps train school staff to recognize and address student mental health issues and connect them to resources. The program was recently adopted at Jefferson Middle School Academy. 

The program is “the ‘stop, drop and roll’ of mental health,” Andrews said. “How do I notice signs and symptoms of distress in a student? How do I create an open space to talk and be a better active listener with a student who wants to share their mental health concerns and then act?” 

APAF’s program, funded by the Substance Abuse and Mental Health Services Administration (SAMHSA) and free to schools, trained about 890 school staff members across the country in 2024, and boasts a 70% reduction in truancy and 89% reduction in disciplinary referrals, according to the foundation. 

Notice.Talk.Act. is not just in schools — there are versions for home, for college, for the workplace.

Andrews hopes that this work with the APAF will reduce the stigma surrounding mental health struggles and improve access to culturally competent care. But he acknowledges there’s still a long way to go. 

“We are planting and sowing seeds now and fertilizing the soil and tilling the soil,” he said. “We know that the next generation of doctors is going to look closer to the way the population looks. But ultimately, we still haven’t done enough.”  

(This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser. Jebeh Pajibo is a senior at Bard High School Early College DC, one of Youthcast Media Group’s journalism class partners. Sarah Gandluri, a UNC-Chapel Hill sophomore, is an intern and former high school participant with YMG. YMG founder, former USA Today health policy reporter Jayne O’Donnell, contributed to this report.)

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