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Judge lifts stay on Prop 8 ruling

Same-sex marriages could resume in Calif. next week

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Attorneys Ted Olson and David Boies (front) are waging the case against Proposition 8, which banned same-sex marriage in California. (Photo courtesy of Equal Rights Foundation)

A federal judge in California has lifted his self-imposed stay on the ruling he handed down overturning the state’s ban on same-sex marriage, but he ordered that the stay must remain in effect until Aug. 18.

The action by U.S. District Court Judge Vaughn Walker came as crowds of same-sex couples waited anxiously on the steps of San Francisco’s city hall, hoping to be able to obtain marriage licenses within minutes of any decision to lift the stay.

“Because proponents [of Proposition 8] fail to satisfy any of the factors necessary to warrant a stay, the court denies a stay except for a limited time solely in order to permit the court of appeals to consider the issue in an orderly manner,” Walker wrote in an 11-page ruling released Thursday.

Walker’s ruling came eight days after he issued a strongly worded decision overturning California’s Prop 8 on grounds that it violates the U.S. Constitution’s equal protection and due process clauses. Same-sex marriage opponents who defended Prop 8 were expected to immediately challenge Walker’s lifting of the stay before the Ninth Circuit U.S. Court of Appeals, where they are appealing the case.

Activists on both sides of the marriage issue were unsure whether the appeals court would have time to issue its own stay on Walker’s ruling overturning Prop 8 by Aug. 18 or whether the appeals court would reject a stay and allow same-sex marriage to resume in California. Both sides plan to take the case to the U.S. Supreme Court if they lose on the appeals court level.

Jennifer Pizer, senior attorney for Lambda Legal, an LGBT litigation group, said all federal appeals courts have a standard process in place for hearing emergency motions for stays on lower court rulings.

She said it’s “quite possible” that a required three-judge panel of the Ninth Circuit Court of Appeals would be ready to hear arguments for a stay and rule on it before Walker’s Aug. 18 deadline.

“The evidence presented at trial and the position of the representatives of the State of California show that an injunction against enforcement of Proposition 8 is in the public’s interest,” Vaughn said in Thursday’s ruling. “Accordingly, the court concludes that the public interest counsels against entry of the stay proponents seek.”

Pizer noted that Walker raised a potentially explosive issue in his ruling Thursday lifting the stay when he cited legal precedent indicating Prop 8 supporters may no longer have legal standing to appeal the case to the Ninth Circuit.

Walker noted that legal precedent suggests that the state may have sole legal standing to appeal a case like the one involving Prop 8. This could sideline private parties seeking an appeal.

California Gov. Arnold Schwarzenegger and the state’s attorney general, Jerry Brown, filed papers last week that sought to immediately reinstate same-sex marriage in the Golden State. Last year, when same-sex couples filed their lawsuit seeking to overturn Prop 8, Brown refused to defend the same-sex marriage ban law and Schwarzenegger did not challenge Brown’s decision.

That meant California effectively chose not to defend a state law, forcing private groups and legal activists supportive of Prop 8 to fill in for the state in defending the law in court.

Walker said in his ruling Thursday that the private groups did have standing in the U.S. District Court, but a lack of support for an appeal by the state makes it doubtful that Prop 8 backers can file the appeal.

“If, however, no state defendant appeals, proponents will need to show standing in the court of appeals,” he said in his ruling. “Proponents’ intervention in the district court does not provide them with standing to appeal.”

California voters passed Prop 8 in November 2008 in the form of a state constitutional amendment banning same-sex marriage. The vote came less than a year after California’s Supreme Court overturned an earlier ban on same-sex marriage, enabling gay and lesbian couples to marry up until the enactment of Prop 8.

Vaughn’s decision Thursday to lift his stay on his own ruling came on the same day that CNN released a public opinion poll showing for the first time that a majority of Americans support same-sex marriage.

According to CNN, 52 percent of the respondents to the poll replied “yes” when asked, “Do you think gays and lesbians should have a constitutional right to get married and have their marriage recognized by law as valid?”

Forty-six percent of the respondents replied “no” to the question and 2 percent had no opinion, CNN reported. The poll has a margin of error of plus or minus 4.5 percent, CNN said.

Vaughn’s action also came two days after the American Bar Association’s House of Delegates approved a resolution supporting legal recognition of same-sex marriage. The ABA is considered the nation’s preeminent membership organization of legal professionals, including lawyers and judges.

Upon issuing his Aug. 4 ruling overturning Prop 8, Vaughn placed an indefinite stay on the ruling, while giving the opposing parties in the case until Aug. 6 to file motions on whether they would like the hold to be lifted or remain in place until the Ninth Circle appeals court acts on the case.

Attorneys for the group that defended Prop 8 filed papers calling for retaining the stay. But in a development that surprised some political observers, Schwarzenegger, a Republican, filed papers asking Vaughn to lift the stay so same-sex couples could begin marrying immediately. The state attorney general also filed papers seeking the lifting of the stay.

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LGBTQ Catholic groups slam Trump over pope criticism

‘Moral truth and compassion always overcome ignorant hate’

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Pope Leo XIV (Photo via Vatican News/X)

LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.

Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)

Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”

Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.

“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.

Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”

“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”

DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.” 

“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.

“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”

Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.

“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”

“It’s such an imperialistic world view,” she added.

Leo ‘is the real peacemaker’

The College of Cardinals last May elected Leo to succeed Pope Francis after his death.

Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.

Francis made him a cardinal in 2023.

Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.

“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”

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Charlie Kirk Act advances in Tenn.

Bill would limit protests, protects speakers opposing ‘transgender’ identities

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Charlie Kirk photographed at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

The Tennessee legislature has passed Senate Bill 1741 / House Bill 1476, dubbed the “Charlie Kirk Act,” which, if signed by Republican Gov. Bill Lee, would reshape how public colleges and universities regulate speech on campus.

The measure targets all public higher education institutions and requires them to adopt a “free expression” policy modeled on the University of Chicago’s framework. That framework emphasizes that universities should not shield students from controversial or offensive ideas and requires state schools to formally embrace institutional neutrality — meaning they do not publicly take a stance on political or social issues.

Under the legislation, publicly funded schools cannot disinvite or cancel invited speakers based on their viewpoints or in response to protests from students or faculty. Student organizations, however — like Turning Point USA, an American nonprofit that advocates for conservative politics on high school, college, and university campuses, founded by Charlie Kirk, and often lack widely represented liberal counterparts — would retain broad authority to bring speakers to campus regardless of controversy.

The law includes broad protections for individuals and organizations expressing religious or ideological beliefs, including opposition to abortion, homosexuality, or transgender identity, regardless of whether those views are rooted in religious or secular beliefs. It further prohibits public institutions from retaliating against faculty for protected speech or scholarly work.

The bill, which has been hailed by supporters as an effort to “preserve campus free speech,” ironically also limits protest activity. Shouting down speakers, blocking sightlines, staging disruptive walkouts, or physically preventing entry to events are now considered “substantial interference” under the legislation, making those who engage in such actions subject to discipline.

Some of those disciplinary consequences include probation, suspension, and even expulsion for students, while faculty who protest in ways deemed to violate the policy could face unpaid suspensions and termination after repeated violations.

Supporters of the bill argue it strengthens free expression on campus. State Rep. Gino Bulso (R-Brentwood), the bill’s sponsor, said it reinforces a commitment to “civil and robust” debate at public universities.

“The Charlie Kirk Act creates critical safeguards for students and faculty and renews the idea that our higher education institutions should be centers of intellectual debate,” Bulso told Fox 17. “This legislation honors the legacy of Charlie Kirk by promoting thoughtful engagement and defending religious freedom.”

Critics, including Democratic lawmakers, have raised concerns that the legislation effectively elevates certain ideological viewpoints — particularly those tied to religious objections to LGBTQ identities — while exposing students and faculty to punishment for protest or dissent.

“It’s ironic that this body is talking about free speech when we had professors in Tennessee schools expelled and suspended when they did not mourn the death of Charlie Kirk — when they said that his statements were problematic and that the way he died did not redeem the way he lived,” state Rep. Justin Jones (D-Nashville) told WKRN.

Kirk, the right-wing activist and founder of Turning Point USA, for whom the bill is named, was assassinated in September 2025 at a public event at Utah Valley University. His legacy and rhetoric remain deeply polarizing, particularly among LGBTQ advocates, who have cited his history of anti-LGBTQ statements in opposing his campus appearances.

The bill now heads to Lee’s desk for his signature.

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Demonstrators disrupt OMB director hearing over PEPFAR

Capitol Police arrested five protesters

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Office of Management and Budget Directer Russell Vought, seated on right, attends a House Budget Committee hearing on April 15, 2026. (Washington Blade photo by Michael Key)

A group of protesters interrupted Office of Management and Budget Director Russell Vought during his testimony before Congress on Wednesday.

Vought was at the Cannon House Office Building to give testimony to the House Budget Committee.

Committee Chair Jodey Arrington (R-Texas) began the hearing by touting what he described as economic accomplishments of the Trump-Vance administration’s economic accomplishments. Ranking Member Brendan Boyle (D-Pa.) disputed those claims in his opening statement.

Boyle went on to admonish Vought for not attending a committee hearing in the previous year.

Vought, the “Project 2025” architect, was invited to speak after Arrington and Boyle made their statements.

OMB Director Russell Vought testifies at the U.S. House Budget Committee on April 15, 2026. (Washington Blade photo by Michael Key)

Shortly after Vought began reading his statement, Housing Works CEO Charles King stood up in the gallery and began shouting, “PEPFAR saves lives: spend the money!”

The U.S. Capitol Police moved quickly to escort King from the room. Other activists began chanting with King as they unfolded signs bearing a picture of Vought’s face and statements such as, “Vought’s cuts kill people with AIDS,” and “Protect PEPFAR from Vought.”

The group of HIV/AIDS activists included independent activists, former U.S. Agency for International Development and PEPFAR staff, members of Health GAP, Housing Works, and the Treatment Action Group. Six activists were escorted from the hearing and the U.S. Capitol Police detained five of them.

Housing Works CEO Charles King is escorted from House Budget Committee budget hearing by the U.S. Capitol Police on April 15, 2026. (Washington Blade photo by Michael Key)

The HIV/AIDS treatment activists protested at the hearing in response to the dismantling of global health programs, including PEPFAR, a federally-funded program credited with saving millions of lives from HIV/AIDS, particularly in sub-Saharan Africa.

“Russell Vought is directly responsible for illegally withholding Congressionally appropriated funds for PEPFAR and related global health initiative,” King said in a statement provided to the Washington Blade. “These funding disruptions have already contributed to preventable deaths and threaten to reverse decades of progress in the fight against HIV worldwide. Enough is enough. Congress must ensure Vought stops this deadly sabotage.”

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