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Supreme Court considers taking marriage cases

‘We are better people than what these laws represent’

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mass wedding, same-sex marriage, gay marriage, Supreme Court, Proposition 8, Defense of Marriage Act, Prop 8, DOMA, gay news, LGBT, Washington Blade, marriage equality

(Washington Blade file photo by Michael Key)

The United States Supreme Court is scheduled to discuss seven petitions from five different states today urging the Court to decide the constitutionality of state laws excluding same-sex couples from marriage on a nationwide basis. The Supreme Court has complete discretion over whether or not to take a case. And no one knows if the Court will decide whether to take any of the cases at this time or defer its decision until a future conference this fall. Indeed, the Court will have a lot to cover at its first conference with 53 petitions in other cases on its schedule as well. However, we could learn possibly as early as Tuesday whether the Court will take up the issue of the freedom to marry nationwide this term, with a substantive, definitive decision likely in June 2015.

The momentum toward marriage equality in the courts has accelerated at breakneck speed in the just over a year since the Supreme Court’s landmark decision in United States v. Windsor invalidated Section 3 of the misnamed “Defense of Marriage Act,” a statute that prohibited the federal government from recognizing the marriages of same-sex couples validly performed in states with marriage equality. Since Windsor, 27 federal courts have found state bans to be unconstitutional, with only one lower federal court upholding such a ban. Significantly, all four federal appellate decisions, from which the seven petitions to the Supreme Court come, favor equality. Judges ruling for the freedom to marry include appointees of Presidents Carter, Reagan, G.H.W. Bush, Clinton, G.W. Bush and Obama. Federal District Judge Richard Young of Indiana described in his ruling the winning streak as a phenomenon “never” before “witnessed … throughout the federal court system ….” Similarly, 13 state courts have ruled in favor of marriage equality, with only one opposed.

The petitions before the Supreme Court arise out of federal appeals court decisions striking down five states’ marriage bans: Indiana (7th Circuit), Oklahoma (10th Circuit), Utah (10th Circuit), Virginia (4th Circuit), and Wisconsin (7th Circuit). All of the cases present the issue of whether or not a state may prohibit same-sex couples from marrying. However, the cases differ as well, and the justices likely will be considering these differences in determining which case or cases to take. Attorneys for same-sex couples in each of the cases have argued the particular circumstances of their individual cases make them desirable for review.

One difference in the cases is that the Oklahoma case raises only the issue of whether a state may ban same-sex couples from marrying under its state laws, while the other states’ cases also involve challenges to whether a state must recognize the marriages of same-sex couples validly married in other states. If the Supreme Court were to strike down state marriage bans nationwide, the Court would not need to decide if and when one state must recognize marriages performed in other states. Alternatively, if the Court declined to decide the issue nationwide or upheld state marriage bans, the issue of recognition of out of state marriages could be very important.

The various states’ laws at issue in the petitions also differ. For instance, Wisconsin permits same-sex couples to enter into domestic partnerships, affording them limited legal rights, while the other states with petitions before the Court do not. The wording of the marriage bans and the history of the political campaigns to pass them vary from state to state. Procedural histories of the cases differ as well. For instance, in Virginia, the Attorney General, representing the state defendant agrees that the ban is unconstitutional, and local county clerks are defending the state ban. In the other states, the state has uniformly defended the bans. The attorneys in each case differ, too, and include lawyers from groups who have been advocating for LGBT equality for decades, such as the National Center for Lesbian Rights, Lambda Legal, Gay and Lesbian Advocates and Defenders, and the ALCU.

The legal bases for striking down the bans also differ between the various federal appellate decisions before the Court. The appellate courts in the Oklahoma, Utah, and Virginia cases invalidated those state bans on the grounds that that they violated same-sex couples’ “fundamental right to marry,” while the appellate court in the Indiana and Wisconsin cases struck down those states’ bans on the grounds that laws that discriminate on the basis of sexual orientation are entitled to elevated scrutiny under the Constitution. Windsor held that DOMA violated the Constitution’s guarantees of both liberty and equality. Both issues, and very possibly whether the bans constitute unlawful sex discrimination, will doubtlessly be argued before the Court regardless of which case or cases it takes. However, the Justices may consider the logic or rationale of one or more of the appellate court decisions particularly useful for review.

Two additional federal appellate circuits will likely weigh in this fall as well. The Sixth Circuit heard cases arising out of marriage bans in Kentucky, Michigan, Ohio, and Tennessee in early August, and the Ninth Circuit heard cases from Idaho and Nevada in early September. From relevant circuit court precedent and the questions and comments the judges made at oral argument, most observers believe the Ninth Circuit will very likely rule in favor of equality, but the outcome of the Sixth Circuit cases is much harder to predict.

In remarks last week at the University of Minnesota, Justice Ruth Bader Ginsburg fueled speculation that the Court might wait to determine whether or not to take a case until the Sixth Circuit rules. She stated that there would be “no need for [the Supreme Court] to rush” if the Sixth Circuit ruled in favor of the freedom to marry, as all the other circuits who have addressed the issue since Windsor have. However, she said that a Sixth Circuit ruling against equality would create “some urgency” for the Court to step in. The Supreme Court often takes cases to resolve disputes among the circuits.

Further, the Supreme Court will take a case if four of the nine justices vote to hear it. The Supreme Court has stayed decisions in the Fourth, Seventh, and Tenth Circuits from taking effect until final resolution of the cases. If the Sixth and Ninth Circuits were also to rule in favor of equality, most observers believe it unlikely that the four justices who dissented in Windsor would simply let all the petitions be dismissed by voting to deny review — effectively permitting marriage equality in 20 additional states located in those circuits. But if the Supreme Court held the petitions until a circuit court ruled against the freedom to marry, many thousands of LGBT Americans could have to wait even longer for a decision. Regardless of how the Sixth Circuit rules, the issue of marriage equality is, in fact, “urgent,” for LGBT Americans, many of whom have been together for decades without legal recognition and protection.

Many of us would love to be a proverbial “fly on the wall” at the justices’ conference chamber, but we will of course have to wait until the Court makes public its decisions from the conference either later this week or on Oct. 6, the official beginning of the new term. Federal District Judge John E. Jones III, a George W. Bush appointee, wrote in his opinion, invalidating Pennsylvania’s marriage ban: “We are better people than what these laws represent, and it is time to discard them into the ash heap of history.” That time cannot come too soon.

John Lewis is legal and policy director for Marriage Equality USA.

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Opinions

Don’t avoid drug education on 4/20 day

Cannabis culture continues to grow in the District

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In 2023, the law was signed to expand the District’s medical cannabis program. It also made permanent provisions allowing residents ages 21 and older to self-certify as medical cannabis patients. Overall, cannabis is fully legal in D.C. for medical and recreational use, and 4/20 Day is widely celebrated. 

Medical cannabis, for example, has a long history with the LGBTQ community, and they have often been one of the oldest supporters of marijuana and some of the most enthusiastic consumers. Cannabis use also has a long history of easing the pain of the LGBTQ community as relief from HIV symptoms and as a method of coping with rejection from society. 

The cannabis culture continues to grow in the District, and as a result, so does the influence on younger people, even youth within the LGBTQ community. Drug education can play an important role and should not be avoided during 4/20 Day. Parents and educators can use drug education to help their kids understand the risks involved with using marijuana at a young age. 

According to DC Health Matters, marijuana use among high school students has been on the decline in the District since 2017. In 2021, it was estimated that around 20% of high school students use marijuana, a drop from 33% in 2017. Nationally, in 2020, approximately 41.3% of sexual minority adults 18 and older reported past-year marijuana use, compared to 18.7% of the overall adult population.

When parents and educators engage with their kids about marijuana, consider keeping the conversations age appropriate. Speaking with a five-year-old is much different than speaking with a teenager. Use language and examples a child or teen would understand. 

The goal is to educate them about the risks and dangers of using cannabis at a young age and what to avoid, such as edibles. 

Most important, put yourself in your kid’s shoes. This can be especially important for teenagers as they face different social pressures and situations at school, with peer groups, or through social media. Make a point of understanding what they are up against. 

When speaking to them about cannabis, stay calm and relaxed, stay positive, don’t lecture, and be clear and concise about boundaries without using scare tactics or threats. 

Yet, it’s OK to set rules, guidelines, and expectations; create rules together as a family or class. Parents and educators can be clear about the consequences without lecturing but clearly stating what is expected regarding cannabis use. 

Moreover, choose informal times to have conversations about cannabis and do not make a big thing about it. Yet, continue talking to them as they age, and let them know you are always there for them.     

Finally, speak to them about peer pressure and talk with them about having an exit plan when they are offered marijuana. Peer pressure is powerful among youth, and having a plan to avoid drug use helps children and students make better choices. Ultimately, it is about assisting them in making good choices as they age. 

Members of the LGBTQ community often enter treatment with more severe substance use disorders. Preventative measures involving drug education are effective in helping youth make good choices and learn about the risks.

Marcel Gemme is the founder of SUPE and has been helping people struggling with substance use for over 20 years. His work focuses on a threefold approach: education, prevention, and rehabilitation.

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Opinions

Walking the pathway to national cannabis legalization

Social equity needs to be front and center in our efforts

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(Photo by HannaKuprevich/Bigstock)

As we gear up for a major election year, the buzz around cannabis legalization is getting louder. Policymakers are starting to see the need for comprehensive reform, while advocates and small business owners in the industry are cautiously optimistic about the future. But let’s not kid ourselves, this system was designed to keep certain communities out, and it’s crucial that we continue to address these deep-rooted inequities as we blaze the trail forward. A step toward legalization that doesn’t prioritize equity and dismantle the barriers that have held back marginalized groups would be a major bummer. In this op-ed, we’re going to take a groovy journey through the evolution of grassroots organizing in the cannabis industry and highlight the importance of social equity in achieving true national cannabis legalization and boosting our humanity along the way.

Over the years, I’ve been right in the thick of it, helping to build grassroots organizations like Supernova Woman and Equity Trade Network. These groups have been on the frontlines, fighting for cannabis programs in Oakland and San Francisco. I’ve also rocked my own brand, Gift of Doja, and organized the first Cannabis Garden at a major neighborhood street fair, Carnaval San Francisco. I even served as chair of the first Cannabis Oversight Committee in the nation. But the real magic has always happened in when working in coalitions. Each individual and organization brings a unique piece to the puzzle. Grassroots organizing is as challenging as crafting a democratic society but is worth the effort in generating workable implementable solutions. Collective efforts have been game-changers in shifting public opinion and paving the way for major policy changes at both the state and local levels.

As we navigate the path toward cannabis legalization, lobbyists and lawmakers can’t forget about the small business owners who have been grinding to build their dreams. Political advocacy and lobbying are important, but if we’re not uplifting the voices and experiences of those who have been fighting on the ground, we’re missing the mark. Big companies can hire lobbyists, but small business owners don’t have that luxury and if we are not in the room we are on the table. Coalitions allow for us to be in the room when we can’t physically be there. Our communities, especially people of color, have been hit hard by systemic oppression, from over-policing to mass incarceration and limited economic opportunities to limit our ability to be in the room of power and decision making.

Social equity needs to be front and center in any cannabis legalization efforts. It’s not enough to just remove criminal penalties or create a legal market. We need to actively work on repairing the damage caused by years of prohibition. That means fighting for resources, investment, and low-interest loans for small businesses. It means creating a tiered fee and tax structure that doesn’t crush the little guys. And it means opening up equity programs to all industries, not just cannabis. Social justice without economic access and repair is like a joint without a lighter – it just won’t spark the change we need. We have a responsibility to evolve the economy and break down unnecessary barriers. Activism, social justice, and economic reform are all connected, man.

Industry leaders, culture creators, advocates, and consumers alike, we all need to step up and promote social equity. It’s on us to support initiatives that provide resources, mentorship, and funding for individuals from affected communities to enter the legal cannabis market. And let’s not forget the power of our wallets. Buying from companies that align with our values and support the work we believe in can send a powerful message. Voting with our dollars might just be more impactful than showing up at the ballot box.

As we head into a major election year, the cannabis industry is at a crossroads. It’s a time for drumming up voter interest and for candidates to make promises that grassroots organizations have fought hard for. Small business owners will be navigating a tricky landscape, but we can’t lose sight of the power of collective work. By keeping social equity at the forefront, we can undo the harms of the past while building new frameworks that will shape a brighter future for all.

In conclusion, grassroots organizing has been the driving force behind shifting public perception and pushing for policy changes in the cannabis industry. But let’s not forget that true national cannabis legalization can only be achieved if we address social equity. It’s time for us to come together, listen to the voices of those most impacted, and walk the high road towards a future where cannabis legalization isn’t just about business opportunities, but also about healing and empowerment for all communities. Let’s light up a joint of social justice and blaze a trail towards a better tomorrow.

Nina Parks is co-founder of Equity Trade Network & Supernova Women. Reach her at [email protected].

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World ‘isn’t much different today’

The Nazis murdered nearly 1 million Jewish people at Auschwitz

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The entrance to the Auschwitz I camp in Oświęcim, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

OŚWIȨCIM, Poland — Łukasz, a Polish man who was our group’s English-speaking tour guide at Auschwitz, on April 7 asked us while we were standing outside one of Auschwitz I’s barracks why the Nazis systematically murdered more than 6 million Jewish people.

“Once they are gone, Germany will be great again,” he said, referring to the Nazis’s depraved justification.

There were other Americans in our group of about 40 people. I would like to think they are familiar with the dehumanizing MAGA rhetoric to which our country has become accustomed since President Joe Biden’s predecessor announced his White House bid in 2015. The fact that I was at a Nazi concentration camp was simply overwhelming, and I didn’t feel like speaking with them or to anyone else at that moment.

The unspeakable horrors that happened at Auschwitz are on full display. Łukasz’s comment was a stark warning to us all amid the backdrop of the current socio-political realities in which we in the U.S., Europe and elsewhere around the world currently live.

• Suitcases, glasses, shoes, kitchen utensils, prosthetic limbs, baskets, Jewish prayer shawls, and toothbrushes that were taken from people upon their arrival at Auschwitz were on display in Auschwitz I’s Block 5. One exhibit also contains children’s clothes.

• Auschwitz I’s Blocks 6 and 7 had pictures of male and female prisoners along the corridors. They contained their birthdays, the day they arrived at the camp and when they died. Block 7 also had mattresses and bunk beds on which prisoners slept and the sinks and latrines they used.

• The basement of Auschwitz I’s Block 11 had cells in which prisoners were placed in the dark and starved to death. The basement also had cells in which prisoners were forced to stand for long periods of time. Executions took place at the “Death Wall” in the courtyard between Block 10 and 11. Guards also tortured prisoners in this area.

• Medical experiments took place in Block 10.

• A gas chamber is located near Auschwitz I’s entrance with the gate that reads “Arbeit macht frei” or “Work sets you free.” The adjacent crematorium contains a replica of the furnaces used to burn human bodies.

• An urn with human ashes is in Auschwitz I’s Block 4. Hair cut from people who were killed in the gas chamber was also there.

The entrance to the gas chamber at Auschwitz I camp in Oświęcim, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

Auschwitz I, a former Polish army barracks, is one of 40 camps and subcamps around Oświęcim, a town that is roughly 30 miles west of Kraków, Poland’s second-largest city, that became known to the world as Auschwitz. Upwards of 90 percent of the 1.1 million people killed at Auschwitz died at Auschwitz II-Birkenau, which is roughly 1 1/2 miles northwest of Auschwitz I in the village of Brzezinka (Birkenau in German), and more than 90 percent of those murdered upon their arrival were Jewish.

The ruins of two crematoria the Nazis blew up before the Soviets liberated the camp in January 1945 are there. (A group of Israelis were praying in front of them while our group was there.) A train car used to bring people to the camp was also there, along with some of the barracks in which those who were not immediately killed in the gas chambers lived.

Auschwitz II-Birkenau’s sheer size is incomprehensible.

A train car used to transport prisoners to Auschwitz-Birkenau in Brzezinka, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

The Nazis killed 6 million Jewish people in the Holocaust. They also murdered gay men, Poles, Roma, Sinti and millions of other people from across Europe.

The day I visited Auschwitz marked six months since Hamas launched its surprise attack against Israel. 

More than 1,400 people — including 260 people who Hamas militants murdered at the Nova music festival in Re’im, a kibbutz that is a few miles from the Gaza Strip — have died in Israel since Oct. 7, 2023. The subsequent war has left more than 30,000 Palestinians in the Hamas-controlled enclave dead, and millions more struggling to survive. Oct. 7 was the deadliest attack against Jewish people since the Holocaust. That unfortunate coincidence of dates — Oct. 7 and April 7 — was not lost on me while I was at Auschwitz. 

Another striking thing is the area in which the camps are located.

The train from Kraków to Oświęcim passes through idyllic countryside with green meadows, flowering trees and freshly tilled fields. Purple lilacs — like those that bloom each spring on the trees in my mother’s backyard in New Hampshire — were in full bloom inside Auschwitz I. Grass and dandelions were growing amid the remains of Auschwitz II-Birkenau’s barracks. Birds were chirping. The weather was also unseasonably warm with temperatures well over 80 degrees and a cloudless sky.

All of it was beyond surreal.

Auschwitz II-Birkenau on april 7, 2024. (washington blade video by michael k. lavers)

I visited Auschwitz while on assignment for the Washington Blade in Poland. I interviewed gay Deputy Polish Justice Minister Krzysztof Śmiszek in Warsaw and sat down with activists in the Polish capital and Kraków to talk about the country’s new government and the continued plight of LGBTQ refugees from Ukraine and other countries. My trip began in Budapest, Hungary, and ended in Berlin. I did not write this piece until I on my flight back to D.C. on Tuesday because I could not properly articulate my thoughts about what I saw at Auschwitz.

Auschwitz II-Birkenau in Brzezinka, Poland, on April 7, 2024. (Washington Blade photo by Michael K. Lavers)

Governments, politicians, political candidates, and parties in the U.S. and around the world have used specific groups of people to advance a particular agenda, to blame them for what is wrong in their particular country and/or to deflect blame from their own failures. The Nazis and what they did to Jewish people and anyone else they deemed inferior is the most grotesque example of what can happen if such actions are not stopped.

Łukasz told us outside of one of the Auschwitz II-Birkenau barracks at the end of our tour that the world “isn’t that much different today.” He also said that we are “witnesses.”

“It’s up to you how you react to it,” said Łukasz.

Let’s hope we all do our part to make sure the atrocities that happened at Auschwitz never happen again.

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