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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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Congress

Top Democrats re-introduce trans bill of rights

Lawmakers spoke outside US Capitol on Wednesday

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U.S. Rep. Pramila Jayapal (D-Wash.) and U.S. Sen. Ed Markey (D-Mass.) speak at a press conference outside the U.S. Capitol on Feb. 11, 2026. (Washington Blade photo by Joe Reberkenny)

U.S. Sen. Ed Markey (D-Mass.) and U.S. Reps. Pramila Jayapal (D-Wash.), and Sara Jacobs (D-Calif.) announced the reintroduction of a “Trans Bill of Rights” on Wednesday.

Despite chilling winds and snow on the ground, transgender activists, LGBTQ rights advocates, and trans-supporting lawmakers gathered outside the U.S. Capitol to announce the reintroduction of the “Transgender Bill of Rights” resolution to protect trans Americans, as the Trump-Vance administration continues to target LGBTQ Americans.

About 30 people gathered outside to hear from legislators and individuals impacted by recent White House policies.

“Today we say loud and clear that trans rights are human rights, and they must be protected every single day of every single year,” Markey told the crowd. “We stand together in solidarity with the trans community and with those who have too often been left behind by a system that refuses to recognize their humanity. We are here to ensure that every trans and gender-diverse person in America can live freely and safely and authentically. That’s what the Trans Bill of Rights is all about.”

Markey is leading the resolution on the Senate side, while Jayapal is pushing it forward in the House.

“With the Trans Bill of Rights, we are laying out a comprehensive vision to provide protections for transgender and nonbinary people — a vision that ensures every single person has a chance to thrive,” Jayapal said. “A vision that says: you are us, you belong, and you are worthy of the same rights as everyone else. This bill supports amending the Civil Rights Act to ensure that trans people have the same rights and protections as all other Americans. It creates a level playing field where trans people no longer have to fight tooth and nail to get the same treatment as their cisgender friends.”

The resolution for House and the Senate reads:

“Recognizing that it is the duty of the federal government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security.”

Trans Legislation Tracker, an independent research organization that collects data on anti-trans legislation from the hyper-local level to the floor of the U.S. Senate, found that in 2025, 1,022 measures were proposed across the country to restrict the rights of trans Americans — from health care removals to bathroom bans.

Markey directly called out those lawmakers for what he described as discriminatory actions taken against trans Americans who, as he pointed out, are fighting for rights that everyone else is inherently given.

“Trump and MAGA Republicans have used the power of government to spread fear and hate across our country. They have tried to ban lifesaving and medically necessary health care, strip anti-discrimination protections, and turn trans lives into political talking points for their benefit. Well, we have a message for them: we are louder, we are stronger, and we are not going anywhere. We’re in this fight for the long term,” the Massachusetts senator said.

Jacobs, a co-chair of the Transgender Equality Task Force within the Congressional Equality Caucus, also spoke at the event.

“Trans Americans are being targeted just for being who they are — by laws and court decisions that try to erase them from classrooms, from courts and fields, from health care and public life. These attacks aren’t about safety or fairness,” Jacobs said. “They’re about hatred and instilling fear. And we know how quickly fear can warp into suspicion and violence with deadly consequences.”

In addition to lawmakers, trans Americans and supporters spoke.

Olivia Hunt from Advocates for Trans Equality, LaLa Zannell from the American Civil Liberties Union, as well as three additional people who have been actively harmed by the ongoing wave of anti-trans legislation, shared their stories.

Hunt emphasized the staggeringly high number of anti-trans bills being introduced in statehouses across the country — despite trans adults making up less than 1 percent of the population, according to the Williams Institute’s 2025 data.

“Since 2020, thousands of anti-LGBTQIA+ bills have been introduced in statehouses across the country,” Hunt said. “It’s a veritable tidal wave of political bullying disguised as legislation, and most of these bills specifically target transgender and nonbinary people — especially trans youth and their families. This is a moment that demands action.”

Hunt, who is trans, helps trans people in D.C. obtain legal documents that match their gender identity — something the Trump-Vance administration has stopped.

“Trans youth deserve to be protected by their government. They shouldn’t have to be protected from their government,” she said. “It’s long past time that our federal laws reflect and protect the reality and dignity of all people. Trans people have always existed — we are your neighbors, your family members, your community — and we belong.”

Zannell, who spoke proudly about her trans identity, explained why the bill is necessary and how it would protect trans people in all facets of their lives.

“I stand here as an unapologetic Black trans woman who has led this movement for over a decade to get us to moments like this. The reintroduction of the Trans Bill of Rights will aim to protect access to gender-affirming care, prevent discrimination in housing and public spaces, and preserve legal recognition,” Zannell said. “My hope is that this affirms our government’s duty to protect all trans and nonbinary people.”

The Transgender Bill of Rights is cosponsored in the Senate by U.S. Sens. Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), Mazie Hirono (D-Hawaii), Ron Wyden (D-Ore.), Martin Heinrich (D-N.M.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), and Peter Welch (D-Vt.).

In the U.S. House of Representatives, the resolution is led by Jayapal, co-led by Jacobs and U.S. Rep. Mark Takano (D-Calif.), with nearly 100 other representatives signing on as co-sponsors.

“To all trans people across the United States: you are seen, you are valued, and you are loved,” said Markey. “And I want you to know there are people who will fight for you every single day on the floor of the House and Senate to win those rights for you.”

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A dozen Senegalese men arrested for ‘unnatural acts’

Popular journalist and musician among those taken into custody

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(Image by xileodesigns/Bigstock)

Senegalese police have charged a dozen men with committing “unnatural acts.”

The New York Times reported Pape Cheikh Diallo, a popular television reporter, and Djiby Dramé, a musician, are among the men who authorities arrested. They appeared in court in Dakar, the Senegalese capital, on Monday.

Le Soleil, a Senegalese newspaper, reported authorities arrested the men on Feb. 6 “for intentional transmission of HIV, unnatural acts, criminal conspiracy, and endangering others.” The newspaper further notes the men have been placed in “pre-trial detention.”

Senegal is among the countries in which consensual same-sex sexual relations remain criminalized.

Police in Kaolack, a town that is roughly 135 miles southeast of Dakar, in 2015 arrested 11 people who allegedly engaged in same-sex sexual acts during “a celebration of a gay marriage.” The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.

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Local LGBTQ groups, activists to commemorate Black History Month

Rayceen Pendarvis to moderate Dupont Underground panel on Sunday

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Rayceen Pendarvis speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.

Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.

Pendarvis, a longtime voice in the LGBTQ community in D.C. will be moderating a panel at Dupont Underground on Sunday. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin. 

Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.

Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”

The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.

Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.

The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.

The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.

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