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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 ā€” 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 plaintiffsā€™ 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 plaintiffsā€™ claims,” Trauger said. “At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffsā€™ 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.Ā 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, ErikĀ 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 courtsā€™ 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.ā€

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 Tennesseeā€™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.

Ā “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.

ā€œWe are reviewing the decision and intend to take all necessary steps to defend the law,”Ā 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.Ā “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.ā€

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South America

Lesbian couple dies after man sets Buenos Aires boarding house room on fire

Suspect has been charged with homicide

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(Washington Blade photo by Michael Key)

Two people died and at least five others were injured on Monday when a man threw a Molotov cocktail into the room of a Buenos Aires boarding house in which two lesbian couples lived.

The fire took place at around 1 a.m. in a house at 1600 OlavarrĆ­a St., between Isabel la CatĆ³lica and Montes de Ocoa in Buenos Aires’s Barracas neighborhood. The blaze forced roughly 30 people to evacuate, and the injured were taken to local hospitals.

Police say Justo Fernando Barrientos, 68, sprayed fuel and set fire to the room where Mercedes Figueroa, 52, lived together with Pamela Fabiana Cobas, 52, and SofĆ­a Castro Riglos, 49, and Andrea Amarante, 42.

Figueroa and Cobas both died. Castro and Amarante are hospitalized at Penna Hospital in Buenos Aires.

Witnesses say the fire started on the second floor when Barrientos threw a Molotov cocktail inside the women’s room, and it soon spread throughout the property. LGBTQ organizations in Argentina have described the blaze as a hate crime because Barrientos had already threatened to kill the women because they are lesbians.

“We are in a rather complex context, where from the apex of power, the president himself and his advisors and downwards permanently instill a hate speech, instilling it when they close the (National Institute Against Discrimination, Xenophobia and Racism or INADI), stigmatizing the population that is there and the vulnerable groups,” Congressman Esteban PaulĆ³n, a well-known LGBTQ activist, told the Washington Blade.

“All this is generating a climate of violence,” he said. “The fact that it happened in the city of Buenos Aires, which is terrible … has to be investigated.”

PaulĆ³n said President Javier Milei’s government has installed in the public discourse speeches and actions against the LGBTQ community that have provoked more violence based on sexual orientation and gender identity. 

“All that is installed … and then there are people who fail to make a mediation of that, that fail to make a critical analysis of that and can end up generating an act of hatred like this, which is tragic and that already took the lives of two people,” he said.

The Argentine LGBT+ Federation on social media said it was looking for the victims’ families and friends, but has yet to be able to connect with them.

“We are going to stand by them, making ourselves available for whatever they and their families need, and we will closely follow the court case so that there is justice,” said the organization. “But we cannot fail to point out that hate crimes are the result of a culture of violence and discrimination that is sustained on hate speeches that today are endorsed by several officials and referents of the national government.”

100% Diversidad y Derechos, another advocacy group, demanded the investigation address the attack “with a gender perspective and as motivated by hatred towards lesbian identity.”

Barrientos has been arrested, and will be charged with murder. Activists have requested authorities add discrimination and hate provisions to the charges.

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National

Target limits Pride Month collection salesĀ 

Attacks against employees, threats prompted company to remove LGBTQ products in 2023

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(Photo by Jonathan Weiss via Bigstock)

The Minneapolis-based retail giant Target has announced that it has scaled back availability of its LGBTQ Pride Month collection to select stores and online sales. In May of last year the retailer was forced to remove its LGBTQ merchandise after attacks on employees and emailed threats including bomb threats.

In a media statement to the Washington Blade deflecting on specifics regarding the company’s decision to only offer its Pride collection to only about roughly half of its nearly 2,000 stores nationwide, a spokesperson for Target said:

“Target is committed to supporting the LGBTQIA+ community during Pride Month. Beyond our own teams, we will have a presence at local Pride events in Minneapolis and around the country, and we continue to support a number of LGBTQIA+ organizations. Additionally, we will offer a collection of products for Pride, including adult apparel, home products, food and beverage, which has been curated based on guest insights and consumer research. These items, starting at $3, will be available in select stores and on Target.com.”

In an emailed statement reacting to the news Human Rights Campaign President Kelley Robinson said:

ā€œPride merchandise means something. LGBTQ+ people are in every zip code in this country, and we arenā€™t going anywhere. With LGBTQ+ people making up 30 percent of Gen Z, companies need to understand that community members and allies want businesses that express full-hearted support for the community. That includes visible displays of allyship. 

Targetā€™s decision is disappointing and alienates LGBTQ+ individuals and allies at the risk of not only their bottom line but also their values.ā€

Related

In May 2023, police departments in Utah, Ohio, and Pennsylvania aided by assistance from agents from Federal Bureau of Investigation Field Offices in Ohio and Utah investigated threats, including a bomb threat to multiple Utah locations, made by email to local media referencing the retail chain Targetā€™s LGBTQ merchandise collections celebrating Pride Month.

At the time last May, Target spokesperson Kayla CastaƱeda released a statement from the company:

ā€œFor more than a decade, Target has offered an assortment of products aimed at celebrating Pride Month. Since introducing this yearā€™s collection, weā€™ve experienced threats impacting our team membersā€™Ā sense of safety, and well-being while at work. Given these volatile circumstances, we are making adjustments to our plans, including removing items that have been at the center of the most significant confrontational behavior. Our focus now is on moving forward with our continuing commitment to the LGBTQIA+ community and standing with them as we celebrate Pride Month and throughout the year.ā€

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Canada

Prominent Ugandan activist asks for asylum in Canada

Steven Kabuye stabbed outside his home on Jan. 3

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Steven Kabuye (Photo via X)

A prominent Ugandan activist who was stabbed outside his home earlier this year has asked for asylum in Canada.

Two men on motorcycles attacked Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, on Jan. 3 while he was going to work. 

Kabuye posted a video to his X account that showed him on the ground writhing in pain with a deep laceration on his right forearm and a knife embedded in his stomach.

He spoke with the Washington Blade from Kenya on Jan. 8 while he was receiving treatment. Kabuye arrived in Canada on March 6.

Kabuye during an April 27 telephone interview with the Blade from Canada said Rainbow Railroad, a group that works with LGBTQ and intersex refugees, helped him “get away from the dangers that were awaiting me in Kenya and Uganda.” Kabuye said he asked for asylum in Canada because he “cannot return to either Uganda or Kenya.”

“The Ugandan government fails to get the culprits who wanted to end my life,” he said.

Kabuye told the Blade that Ugandan police officials threaten his colleagues when he publicly speaks about his case.

“Every time I come up and demand for the police to act out, they end up calling the colleagues of mine that remain in Uganda and intimidate them so they can scare me off, so they can make me pack up and keep quiet,” he said.

Ugandan President Yoweri Museveni last May signed his country’s Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.” 

Canadian Foreign Minister MĆ©lanie Joly described the law as a “blatant violation of human rights and fundamental freedoms of LGBTQ+ Ugandans.”

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists have appealed the ruling.

“The previously concluded ruling did not make a difference,” said Kabuye.

Kabuye told the Blade he has an interview with Canadian immigration officials on Friday. He said he will continue to advocate on LGBTQ Ugandans from Canada. 

“I’m very grateful to Rainbow Railroad,” said Kabuye. “They’ve still given me a chance to continue my advocacy.”

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