National
Prop 8 panel expected to back gay marriage
Hearings begin next week; case likely headed to Supreme Court
David Boies, front, and Ted Olson. (Blade file photo)
A federal appeals panel will hear arguments Monday in a case that seeks to overturn California’s Proposition 8, which banned same-sex marriage in the state. Most observers expect the case to be ultimately decided by the U.S. Supreme Court.
A lower court previously ruled that Prop 8 violates plaintiffs’ constitutional right to due process and equal protection.
The three-judge panel for the 9th Circuit U.S. Court of Appeals was named earlier this week and will hear oral arguments Monday. Those arguments begin at 2 p.m. EST and will be televised on C-SPAN. The proceedings are scheduled to last two hours.
Two of the three judges on the panel were appointed by Democrats and are viewed as liberal, leading many to speculate that the panel will uphold the lower court’s finding that Prop 8 should be scrapped.
Judges Michael Hawkins, Stephen Reinhardt and N. Randy Smith were chosen at random to hear the case. Reinhardt is viewed as one of the most liberal members of the 9th Circuit, the Washington Post reported. Smith, however, was appointed by President George W. Bush and served as chair of the Idaho Republican Party in the 1990s. He graduated from Brigham Young University and media reports this week have identified him as a Mormon. The Mormon Church reportedly poured millions of dollars into the effort to pass Proposition 8 in 2008.
Another Bush appointee, former solicitor general Ted Olson, is representing those seeking to overturn Prop 8. The conservative legal icon surprised many gay rights advocates when he took the case along with David Boies. Olson and Boies have extensive experience arguing cases before the Supreme Court and were on opposing sides of the Bush v. Gore case that decided the 2000 presidential election.
Check back next week for coverage of Monday’s oral arguments.
In related news, Kristina Schake, a board member of the American Foundation for Equal Rights, which is behind the Prop 8 lawsuit, announced she is leaving that post to become first lady Michelle Obama’s communications director.
“Kristina has done extensive work throughout her career on child nutrition and community health issues, and that paired with her experience as part of a military family will bring invaluable insight to our work on childhood obesity and our efforts to support military families,” Obama said.
National
Queen Jean is Tony’s first transgender winner
Designer/activist wins for work on ‘Cats: The Jellicle Ball’
It was a historic night at the 79th annual Tony Awards on Sunday as Queen Jean won the award for Best Costume Design of a Musical, making her the first out transgender person to win a Tony.
“This experience has been monumental. We are here for the legacy of queer people, trans people,” she said. “We are taking up space in ways we have to take up space. We have to shift the paradigm. So I just want to say, thank you all so much for this incredible honor. The world right now is deeply, deeply combating so many ailments, and we know as a society that when we come together, we can make real, permanent change.”
She won the award for her work on “Cats: The Jellicle Ball” and was also nominated for best costume design of a play for “Liberation.”
In addition to her stage work, Queen Jean is the founder of Black Trans Liberation, an organization that supports trans and gender-nonconforming people in New York City.
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.
National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.
The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing.
It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.
One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.
The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court.
One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.
The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.
President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.
Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.
In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.
The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.
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