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Louisiana agrees Supreme Court should review marriage ban

State says lawsuit unique because district court upheld ban on gay nuptials

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James Buddy Caldwell, gay news, Washington Blade, Louisiana
James Buddy Caldwell, gay news, Louisiana, Washington Blade

Louisiana Attorney General James “Buddy” Caldwell wants the Supreme Court to review Louisiana’s ban on same-sex marriage. (Photo courtesy of the Office of the Attorney General of Louisiana)

The attorney general for Louisiana signaled Tuesday he agrees the Supreme Court should review litigation challenging his state’s ban on same-sex marriage, but to rule in favor of the constitutionality of such laws throughout the country.

In a 22-page brief, Louisiana Attorney General James “Buddy” Caldwell and other state lawyers urge justices to take up the case, Robicheaux v. George, before the U.S. Fifth Circuit Court of Appeals issues judgment on the litigation.

The filing from the attorney general responds to a request from the LGBT legal group Lambda Legal, which is co-counsel in the case for plaintiff same-sex couples, calling on the Supreme Court to review the litigation even before judgment is rendered by the Fifth Circuit.

But while that petition calls on the Supreme Court to reverse a decision from U.S District Judge Martin Feldman, one of two federal district judges who determined bans on same-sex marriage are constitutional against a sea of others who struck down such laws, Caldwell maintains Feldman’s ruling could serve as a basis for justices to uphold bans on same-sex marriage.

“The Courtā€™s resolution of the conflict may well hinge on the degree to which Windsor affirmed the authority of States to decide whether to adopt same-sex marriage,” Caldwell writes. “Robicheaux powerfully suggests that the contrary federal rulings get Windsorā€™s teaching exactly backwards.”

The Louisiana petition is one from among five others from other states ā€” Michigan, Ohio, Tennessee, Kentucky and Louisiana ā€” seeking Supreme Court of review of state bans on same-sex marriage.

Adam Romero, federal legal director for the University of California, Los Angeles, said the Supreme Court may well accept the Louisiana case, but noted each of the lawsuits now pending before the court call for review of court decisions upholding bans on same-sex marriage. The U.S. Sixth Circuit Court of Appeals upheld marriage bans in Michigan, Ohio, Kentucky and Tennessee.

“While the fact that the district court upheld Louisianaā€™s ban may give the Justices more reason to grant cert ā€“ if they are inclined to reverse such a decision ā€“ all of the pending petitions are from decisions upholding state marriage bans, so Louisiana is like Michigan, Ohio, Kentucky, and Tennessee in this regard,” Romero said.

The Fifth Circuit is already scheduled to consider the Louisiana litigation during oral arguments on Jan. 9, the same day as arguments for a lawsuit seeking marriage equality in Texas. Plaintiff same-sex couples in the Mississippi case, for which the Fifth Circuit also has jurisdiction, have requested the court hear that lawsuit on the same day.

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District of Columbia

New D.C. gay bar Crush set to open April 19

An ā€˜all-inclusive entertainment haven,ā€™ with dance floor, roof deck

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Crush (Washington Blade photo by Michael Key)

D.C.ā€™s newest gay bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the cityā€™s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends ā€œnostalgia with contemporary nightlifeā€ in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the cityā€™s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayorā€™s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayorā€™s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the barā€™s employees become settled into their newly opened operations.

ā€œStep into a venue where inclusivity isnā€™t just a promise but a vibrant reality,ā€ a statement posted on the Crush website says. ā€œImagine an all-inclusive entertainment haven where diversity isnā€™t just celebrated, itā€™s embraced as the very heartbeat of our venue,ā€ the statement says. ā€œWelcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.ā€

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the stateā€™s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michiganā€™s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their ā€œrace, color, religion, gender, or national origin.ā€ Bills proposed by Democratic lawmakers expand the list to include ā€œactual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.ā€ 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, ā€œintentionally or unintentionallyā€ is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney generalā€™s office sent a statement to the Blade supporting stronger hate crime legislation.

ā€œAs a career prosecutor, [Nessel] has seen firsthand how the stateā€™s weak Ethnic Intimidation Act (not updated since the late 1980ā€™s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,ā€ the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

ā€œTwo years is nothing ā€¦ Why not just give them a parking ticket?ā€ Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

ā€œYou have this confluence of forces on the far right ā€¦ this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,ā€ Nessel said. ā€œBut then you also have the far left that argues basically no one should go to jail or prison for any offense ever.ā€

The legislature did manage to pass an ā€œinstitutional desecrationā€ law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for ā€œsexual orientationā€ but not ā€œgender identity.ā€

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the ā€œgay panicā€ defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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District of Columbia

Reenactment of first gay rights picket at White House draws interest of tourists

LGBTQ activists carry signs from historic 1965 protest

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About 30 LGBTQ activists formed a picket line in front of the White House April 17. (Washington Blade photo by Michael Key)

About 30 LGBTQ activists formed a circular picket line in front of the White House Wednesday afternoon, April 17, carrying signs calling for an end to discrimination against ā€œhomosexualsā€ in a reenactment of the first gay rights protest at the White House that took place 59 years earlier on April 17, 1965.

Crowds of tourists looked on with interest as the activists walked back and forth in silence in front of the White House fence on Pennsylvania Avenue. Like the 1965 event, several of the men were dressed in suits and ties and the women in dresses in keeping with a 1960s era dress code policy for protests of the Mattachine Society of Washington, D.C., the cityā€™s first gay rights group that organized the 1965 event.

Wednesdayā€™s reenactment was organized by D.C.ā€™s Rainbow History Project, which made it clear that the event was not intended as a protest against President Joe Biden and his administration, which the group praised as a strong supporter of LGBTQ rights.

ā€œI think this was an amazing event,ā€ said Vincent Slatt, the Rainbow History Project official who led efforts to put on the event. ā€œWe had twice as many that we had hoped for that came today,ā€ he said.

“It was so great to see a reenactment and so great to see how far we’ve come,” Slatt said. “And also, the acknowledgement of what else we still need to do.”

Slatt said participants in the event who were not carrying picket signs handed out literature explaining the purpose of the event.

A flier handed out by participants noted that among the demands of the protesters at the 1965 event were to end the ban on homosexuals from working in the federal government, an end to the ban on gays serving in the military, an end to the denial of security clearances for gays, and an end of the government’s refusal to meet with the LGBTQ community. 

ā€œThe other thing that I think is really, really moving is some of the gay staff inside the White House found out this was happening and came out to greet us,ā€ Slatt said. He noted that this highlighted how much has changed since 1965, when then President Lyndon Johnsonā€™s White House refused to respond to a letter sent to Johnson from the Mattachine Society explaining its grievances. 

ā€œSo now to have gay people in the White House coming out to give us their respects and to say hello was especially meaningful to us,ā€ Slatt said. ā€œThat was not expected today.ā€

Among those walking the picket line was longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler said he proudly carried a newly printed version of the sign at Wednesdayā€™s reenactment event that he carried during the 1965 protest. It stated, ā€œFifteen Million Homosexuals Protest Federal Treatment.ā€  

Also participating in the event was Japer Bowles, director of D.C. Mayor Muriel Bowserā€™s Office of LGBTQ Affairs. Bowles presented Slatt with a proclamation issued by Bowser declaring April 17, 2024, Mattachine Society Day in Washington, D.C.

ā€œWhereas, on April 17, 1965, the Mattachine Society of Washington courageously held the nationā€™s inaugural picket for gay rights, a seminal moment in the ongoing struggle for LGBTQIA+ equality in the United States, marking the genesis of public demonstrations advocating for those rights and paving the way for Pride Marches and Pride celebrations worldwide,ā€ the proclamation states.

About 30 minutes after the reenactment event began, uniformed Secret Service agents informed Slatt that due to a security issue the picketers would have to move off the sidewalk in front of the White House and resume the picketing across the street on the sidewalk in front of Lafayette Park. When asked by the Washington Blade what the security issue was about, one of the Secret Service officers said he did not have any further details other than that his superiors informed him that the White House sidewalk would have to be temporarily cleared of all people.

Participants in the event quickly resumed their picket line on the sidewalk in front of Lafayette Park for another 30 minutes or so in keeping with the 1965 picketing event, which lasted for one hour, from 4:20 p.m. to 5:20 p.m., according to Rainbow  History Projectā€™s research into the 1965 event.

Although the LGBTQ picketers continued their procession in silence, a separate protest in Lafayette Park a short distance from the LGBTQ picketers included speakers shouting through amplified speakers. The protest was against the government of Saudi Arabia and organized by a Muslim group called Al Baqee Organization.

A statement released by the Rainbow History Project says the reenactment event, among other things, was a tribute to D.C.-area lesbian rights advocate Lilli Vincenz, who participated in the 1965 White House picketing, and D.C. gay rights pioneer Frank Kameny, who founded the Mattachine Society of Washington in the early 1960s and was the lead organizer of the 1965 White House protest. Kameny died in 2011 and Vincenz died in 2023.

The picket signs carried by participants in the reenactment event, which were reproduced from the 1965 event, had these messages:

ā€¢ ā€œDISCRIMINATION Against Homosexuals is as immoral as Discrimination Against Negroes and Jews;ā€

ā€¢ ā€œGovernment Should Combat Prejudice NOT PROMOTE ITā€

ā€¢ ā€œWhite House Refuses Replies to Our Letters, AFRAID OF US?

ā€¢ ā€œHOMOSEXUALS Died for their Country, Tooā€

ā€¢ ā€œFirst Class Citizenship for HOMOSEXUALSā€

ā€¢Ā ā€œSexual Preference is Irrelevant to Employmentā€

ā€¢Ā ā€œFifteen Million U.S. Homosexuals Protest Federal Treatmentā€

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