National
Court declares Prop 8 unconstitutional
Scope of ruling limited to California; appeal planned
In a two-to-one decision, a panel of the Ninth Circuit Court of Appeals has ruled that Proposition 8 is unconstitutional in a federal case challenging California’s marriage ban.
The opinion, authored by Judge Stephen Reinhardt, affirms Judge Vaughn Walker’s 2010 ruling that the law passed by California voters at the ballot violates the Equal Protection clause of the 14th Amendment to the U.S. Constitution because it “serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”
The court also rejected the argument that Judge Walker should have recused himself from the case because of his sexual orientation and relationship status.
Legal experts began to weigh in on the meaning of the decision immediately.
“I think the biggest story is how narrow [the majority decision] really is,” Douglas NeJaime, associate professor at Loyola Law School, Los Angeles, told the Blade Tuesday. “Which in some ways I think that might disappoint some folks who were hoping it would expand to more states, but I think in terms of setting it up for a Supreme Court review — either the Supreme Court not taking it, or approving it — for supporters of same-sex marriage, this is actually the most strategically sound way for the case to proceed.”
Legal experts agree that the decision represents a big win for same-sex couples in California, even though it was a narrow decision limited to California. The Ninth Circuit encompasses multiple Western states and some Prop 8 opponents had hoped the court’s decision would impact a wider swath of the country.
“The decision is a very narrow decision striking down Proposition 8 on grounds that are very unique to California,” NeJaime told the Blade. “What this doesn’t do is directly affect the laws of the majority of states that don’t allow same-sex couples to marry. It doesn’t announce that same-sex couples have a right to marry under the federal Constitution, and it doesn’t engage the question of whether sexual orientation-based classifications should be subjected to some heightened form of scrutiny under the federal Constitution. So it’s a very narrow ruling that only directly impacts the law in California.”
If left to stand, however, what the decision would do, NeJaime says, is allow same-sex couples to marry in California.
“What you would likely have happen is a bunch of other people would file cases in other states, and you would have more litigation, and the states that have a system most directly related to the court’s ruling here, would be states that have domestic partnership or civil union statues that allow same-sex couples to have all of the same rights and benefits of different-sex couples,” NeJaime said. “So Washington, Nevada, Oregon, Hawaii, Delaware, Illinois, Rhode Island, New Jersey, those states’ laws would probably be the first to be challenged.”
Though the court sided with the plaintiffs, the ruling is stayed until the decision goes into effect, in what is called a “mandate.” This means that same-sex couples will not be able to marry in California until the Ninth Circuit lifts the stay, the Supreme Court decides to uphold the ruling or pass on the case, or the state voters decide to overturn the law at the ballot.
Proponents of Prop 8 now have 15 days to ask for what is called an ‘en banc’ decision by a larger random panel of 11 of the court’s 24 judges — a crap shoot for proponents of the law who could not guarantee the judges assigned to the panel are sympathetic. Proponents also have 90 days to appeal directly to the Supreme Court, if they so choose to skip the ‘en banc’ rehearing.
Though at the onset of the case, gay rights advocates were excited about the prospect of the case advancing to the Supreme Court where they hoped it could be used to strike down same-sex marriage bans across the nation, some legal experts say it’s not so simple.
“Everyone thought this case was going to Supreme Court, but given how narrow this ruling is, the Supreme Court might very likely just not take the case,” NeJaime told the Blade. “The Supreme Court does not have to take the case. And they might decide ‘this only affects California. We’ll let it stand. And we’ll take a case down the road.’”
“If they take the case, then the decision by the Ninth Circuit has really set it up so that the Supreme Court can affirm the decision, meaning strike down Proposition 8, by not having to reach very far.”
NeJaime said that the Reinhardt opinion, much like the Walker opinion, borrows heavily from the case law history of swing vote Supreme Court Justice Anthony Kennedy, whom NeJaime says the opinion “aims” for. Kennedy wrote the majority opinion in the Romer v. Evans case that struck down an anti-gay constitutional amendment in Colorado’s Constitution nearly 20 years ago, but that doesn’t mean the justice will help the plaintiffs change the law across the land.
“So basically because its a narrow ruling, and because the court applied the lowest form of scrutiny for equal protection purposes, the Supreme Court could affirm the decision without having to expand much on its current case law, and without having to comment on the laws of the other states. It could issue a ruling that would allow same-sex marriage in California but doesn’t affect anything else directly. That’s the preferred course of the court, is to issue narrow, incremental, case-by-case rulings, rather than broad sweeping rulings, that invalidate the majority of states’ laws in one decision.”
In 2008, more than 18,000 same-sex couples were married in California during a brief period following the decision by the California Supreme Court that barring same-sex couples from marriage violated the California Constitution. The weddings were halted by the November 2008 voter-enacted law, but the court ruled that the 18,000 marriages performed should remain valid.
For now, same-sex couples in California who did not get married during the narrow 2008 window are in legal limbo, waiting for the stay on the original Judge Walker decision to be lifted once and for all, but that could take some time.
“The mandate would issue seven days after the time for filing a petition for rehearing expires, or seven days after the denial of a petition for a rehearing,” NeJaime told the Blade. “They have 14 days to file the petition, so technically, it could issue as soon as 21 days. But more likely it will be later than that, and if they take it for a rehearing, it would be even later than that, so the soonest would be within three weeks.
“But in the meantime, there’s probably going to be additional motions to stay, so that doesn’t mean that once the mandate is issued, same-sex couples can marry,” NeJaime added.
Despite the continued wait, LGBT rights organizations were quick to hail the victory.
“Today’s decision heartens and gives hope to the 15,698 loving couples in California who are raising more than 30,000 children,” said Family Equality Council Executive Director Jennifer Chrisler. “They, like all Americans, understand that while love makes a family, there is no denying that marriage strengthens it. These parents have raised their children to love their country, support their friends and treat their neighbors with respect. Now they only ask for the fundamental American freedom to demonstrate their love and commitment to their family through marriage.”
California-based Courage Campaign also weighed in minutes after the announcement of the ruling upholding Judge Walker’s decision.
“The 9th Circuit did what it must: it ruled that Judge Walker is competent, not somehow diminished for being gay and it ruled that the Constitution of the United States indeed provides equal protection and due process to all Americans, not just some Americans,” said Rick Jacobs, chair and founder of the Courage Campaign.
Even the LGBT military group Servicemembers Legal Defense Network weighed in with a statement by outgoing executive director and Army veteran Aubrey Sarvis.
“SLDN welcomes today’s important ruling by the Ninth Circuit affirming the lower court decision that Proposition 8 is unconstitutional; indeed, fairness and equality have carried the day,” said Sarvis. “This victory strengthens our case on behalf of married gay and lesbian service members and veterans as we seek to gain equal recognition, support, and benefits for them and their families. This is an historic win for supporters of full equality in the military and in our country.”
“We’re thrilled that today the Ninth Circuit reaffirmed that under our Constitution, all loving couples must be allowed to marry, regardless of the gender of either partner,” said Transgender Law Center Executive Director Masen Davis. “The state should not be in the business of policing who can marry based on gender. I’m optimistic that full equality for all our families is on the horizon.”
National
Inside the lonely world of MAGA gay men
Pushback against community members who support Trump is not unusual
Uncloseted Media published this article on April 18.
This story was written in partnership with Gay Times Magazine.
By EMMA PAIDRA | When Evan decided it was time to tell his boyfriend that he voted for Trump, he couldn’t get the words out. “I was stuttering for 20 minutes straight on the phone,” he told Uncloseted Media and GAY TIMES.
Once he finally worked up the courage, he was met with pushback: “He made fun of me. … He called me a racist and a white supremacist,” says Evan, a 21-year-old math major who lives in Long Island, N.Y.
That pushback isn’t unusual: According to a 2023 Pew Research Center survey, 83 percent of queer men typically vote Democrat. One key reason gay men swing left in 2026 is because of the Trump administration and MAGA-aligned politicians’ track record on LGBTQ issues. Since the start of Trump’s second term, his administration has terminated more than $1 billion worth of grants to HIV-related research, removed the Pride flag from the Stonewall National Monument and shut down the LGBTQ-specific option on the 988 youth suicide hotline.
Because of this, many of the fewer than one in five LGBTQ men who cast their ballot for Trump in 2024 face judgment for their political affiliation.
“People think that I hate myself for being gay, and that I’m a gay traitor. … I wish there were more gay conservatives or moderates,” says Evan, who requested to use a pseudonym due to fears over retaliation for his political views.
Navigating dating and relationships as a gay Trumper
Nick Duncan, 43, can relate to Evan’s fears about being an open Trump supporter: “I mostly get hatred. I’ve never lost a conservative friend because I’m gay, but I’ve lost all of my gay friends because I’m conservative,” says Duncan, a hospitality executive who lives in Miami. “I’ve divorced myself from what I refer to as the Alphabet Mafia.”
Duncan says he feels so unwelcome by the LGBTQ community that he’s hesitant to attend certain queer events. “Nowadays, I would never go to a Pride event,” Duncan told Uncloseted Media and GAY TIMES. “I don’t feel that I would be safe.”
Despite these concerns, Duncan doesn’t hide his political views when looking for love. “I’m in a long-term relationship now, and when I have been on the dating market, I’m very open and upfront about [my political views]. So I think it just weeds out most people who would have an issue.”
For Evan, political differences have been a source of tension in his relationship even before he told his boyfriend who he voted for. “When I first met him, he asked me if I liked Trump. … He was kind of scaring me. So I said, ‘I don’t know,’” Evan recalls. “He said, ‘Good answer, because if you said yes, I couldn’t even talk to you.’”
Since revealing his conservative identity, Evan has had multiple arguments with his boyfriend about politics. “This guy, who I’ve been dating for almost a year, he’s way too far left. … The first proof is he thinks there’s more than two genders,” says Evan. “I tried telling him there were only two genders, and he got mad at me.”
Though Evan believes there are only two genders, research suggests that gender is a spectrum allowing for multiple gender identities.
Proud gay Trump supporters
According to a 2025 report from Pew Research Center, 71 percent of LGBTQ adults view the Republican Party as unfriendly towards LGBTQ Americans. Duncan thinks these critiques are unreasonable: “The Republican Party is not nearly as anti-gay as [leftists] believe,” he says. “The Trump administration has plenty of openly gay people in the administration, and Trump actually supported gay marriage before it was cool.”
Gay members of the Trump administration include Treasury Secretary Scott Bessent, as well as Tony Fabrizio, a pollster and strategist. Additionally, Trump did tell the Advocate in a 2000 interview that though “the institution of marriage should be between a man and a woman,” he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
But since then, Trump has appointed Supreme Court Justices who have denounced marriage equality and Cabinet members with anti-LGBTQ track records, including Pete Hegseth, Marco Rubio, and Pam Bondi.
Duncan says part of the reason he isn’t worried about Trump’s anti-LGBTQ track record is because he doesn’t view being gay as the most important part of his identity: “The most important part of who I am is as a father.”
Duncan is not alone: A 2020 report from the UCLA Williams Institute School of Law found that Republican lesbian, gay, and bisexual people are more likely to feel connected to other parts of their identities than their sexual orientations.
Evan doesn’t identify with the community at large and does not like to be referred to as “LGBTQ” or “queer.”
“I realized I’m normal. I’m not LGBTQ,” he says. “I’m just gay.”
Evan’s desire to be seen as “normal” rings of Vice President JD Vance’s 2024 comments on Joe Rogan’s podcast, where he said Trump could win the “normal gay” vote. During this same interview, Vance suggested that parents of genderqueer children use their children’s identities as a rejection of having white privilege. Vance received significant backlash for these comments, with the Human Rights Campaign responding to the vice president’s remarks over X.
Some gay Republicans see the GOP as more friendly
For Chris Doane, 56, voting Republican is the only choice that makes sense, as he believes voting for a Democrat goes directly against his interests as a queer man. “Conservatives don’t want to murder gays. They want them saved,” he says. “Muslims vote Democrat, because if the Democrats win, they get to stay [in the U.S.], they get to take power, and they will murder gays brutally with a smile on their face,” says Doane.
Doane’s comments are unfounded and display racist stereotypes peddled by far-right American media: One study from the Brennan Center for Justice compiled data from 1984 to 2020 and found that racial resentment is more prevalent on the right than on the left.
Doane was raised in a conservative family in Bryan, Texas, and isn’t out to his family because he fears that they won’t accept him. For him, voting Republican is part of his heritage. “I was told, ‘Don’t ever let Democrats in control. They’ll ruin our country,’” he says. “That’s pretty much what they did, and that’s why President Trump is working overtime to straighten it all back out.”
Trans rights and gay Republican men
Though Doane and other gay Republicans hold a range of views, a common thread is a hesitancy around trans rights. So, they align more with the Trump administration, which has railed against the trans community with Trump’s policies and rhetoric.
For example, Doane sees being able to transition as a matter of personal freedom but thinks gender-affirming care for trans kids is a step too far.
“When it comes to transgender, I have nothing against that. I just believe that when you make that transition, it should be at a point where your brain is fully developed … and you’re actually going to enjoy that transition,” he says.
He also holds the view that for a trans person to be accepted as their correct gender, they must fully physically transition. “If you’re gonna transgender, transgender all the way. If you’ve still got male parts on you, you don’t belong in the women’s dress room.” However, research suggests otherwise, with a 2025 study indicating that policing bathroom access can lead to mental distress in trans youth.
Duncan has his own doubts.
“I disagree with the integration of gender ideology and radical wokeism into the LGBT community. You are free to live under any delusion you so desire. You’re not free to require me to live under your delusion as well,” he says. “But if somebody wants to live as a man or a woman, however it is, I firmly believe they have the right to do that. I would never get in the way of it.”
Duncan also believes that education about LGBTQ people should be limited in schools. He sees adolescence as a fundamentally confusing time, and believes an education about LGBTQ communities would “add on layers of confusion.” This belief seems to be in line with Gov. Ron DeSantis’ 2022 “Don’t Say Gay” bill, which has banned education on gender identity and sexual orientation in Florida’s classrooms from pre-kindergarten until the end of eighth grade, though there are exceptions for health lessons.
“It’s okay to tell kids that some boys like boys, some girls like girls, some people like both. But it just needs to be kept vague and general,” Duncan says. “However you are is okay. We don’t need to expose children to gay media because if you’re gay, you’re going to know.”
Duncan does not believe heteronormative bias in mainstream media is a problem, though a study published in Equity & Excellence in Education found heteronormative biases in schools may harm queer students. “The vast majority of people are heterosexual, and a functioning society is built on a heteronormative bias,” he says. “It is important to understand that we are the extreme minority and society is not responsible for conforming to us.”
They approve of Trump and don’t see him as a threat
While LGBTQ Americans see the Republican party as unfriendly towards queer people, Duncan and Doane aren’t worried about being stripped of their rights. Duncan says the 2015 passage of gay marriage solidified his equal rights. “We have marriage as gay men. I have every right that a straight man does,” he says.
Doane also feels that his rights are secure under Trump 2.0 and approves of the president so far. “I voted for that great, big, beautiful wall because we were being overrun by illegals,” he says. Doane also approves of U.S. interventions in Iran and Venezuela, though he criticizes Trump for “leaving [Venezuela] way too soon.”
Similarly, Duncan is generally approving of Trump’s handling of immigration. “I don’t love what we’re doing as far as deportations, but we had to get some control over the illegal population,” says Duncan. “I wish there was another way, but I can’t think of it.”
Duncan and Doane are certainly in the minority as queer men who approve of Trump, but as far as they’re concerned, Trump is delivering on his promises. “Overall, I’m happy,” says Duncan. “I’m getting pretty much exactly what I voted for.”
Editor’s note: An earlier version of this article stated that Trump told the Advocate in 2000 that legalizing gay marriage was “only fair.” That was incorrect. He told the publication that he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
National
LGBTQ Catholic groups slam Trump over pope criticism
‘Moral truth and compassion always overcome ignorant hate’
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.”
Tennessee
Charlie Kirk Act advances in Tenn.
Bill would limit protests, protects speakers opposing ‘transgender’ identities
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.
