News
Court: Tenn. must recognize gay couples’ marriages
Judge predicts bans on gay nuptials will become ‘footnote’ in history
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.”
Cuba
Trans parent charged with kidnapping, allegedly fled to Cuba with child
Cuban authorities helped locate Rose Inessa-Ethington
Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.
An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.
Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”
The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.
The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.
“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”
The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”
The affidavit does not identify the specific “mental health therapist” in D.C.
A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.
“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.
The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.
A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”
The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.
The New York Times reported the child is now back with their biological mother.
“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.
The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.
The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.
Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.
Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.
Rehoboth Beach
Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden
The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.
Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)
The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.
The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.
A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door.
District of Columbia
Curve magazine honors Washington Blade publisher
Lynne Brown named to 2026 Power List
Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.
“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.
Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010.
“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.
“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.”
Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers.
Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”
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