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Hawaii court upholds same-sex marriage ban

Judge cites interest in procreation as reason to ban marriage equality

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A district judge in Hawaii upheld the state’s same-sex marriage ban

A federal district court in Hawaii has upheld the state’s constitutional ban on same-sex marriage in a ruling that stands in stark contrast to recent multiple decisions that have struck down the Defense of Marriage Act and Proposition 8.

In the 120-page ruling, U.S. District Judge Alan Kay determined the Aloha State’s ban on same-sex marriage is constitutional because Hawaii has a legitimate interest in restricting marriage to straight couples.

“The legislature could rationally speculate that by reserving the name ‘marriage’ to opposite-sex couples, Hawaiiโ€™s marriage laws provide special promotion and encouragement to enter into those relationships advancing societal interests while the civil unions laws protect the individual interests of same-sex couples,” Kay writes. “In the absence of a suspect or quasi-suspect classification or a restriction on a fundamental right, the Fourteenth Amendment does not require Hawaii to endorse all intimate relationships on identical terms.”

The lawsuit, known as Jackson v. Abercrombie, was filed in December by D’Amato and Maloney, LLP, a Honolulu-based firm, on behalf of three plaintiffs: Natasha Jackson and Janin Kleid, two women in a same-sex relationship, and Gary Bradley, who’s in a civil union with his male partner.

Kay lays out numerous reasons for upholding the ban, including the idea that limiting marriage to opposite-sex couples ensures procreation and promotes the ideal family situation of having a mother and father. Additionally, Kay rules that to “constitutionalize” the issue in the courts would interfere with the process taking place in the legislature.

“Nationwide, citizens are engaged in a robust debate over this divisive social issue,” Kay writes. “If the traditional institution of marriage is to be restructured, as sought by Plaintiffs, it should be done by a democratically-elected legislature or the people through a constitutional amendment, not through judicial legislation that would inappropriately preempt democratic deliberation regarding whether or not to authorize same-sex marriage.”

An appointee of former President Reagan, Kay draws on the case of Baker v. Nelson, the 1972 marriage case that the Supreme Court declined to hear for want of federal questions, as a reason to uphold the ban, but declines to incorporate rulings against California’s Proposition 8 in the case of Perry v. Brown in his determination.

The decision upholding a state’s marriage ban is relatively unique amid a string of victories against California’s Proposition 8 and DOMA. Within the course of three years, a district court and an appeals court have ruled against California’s marriage ban, whileย five district courts, one appeals court and one bankruptcy court have ruled against DOMA.

Douglas NeJaime, who’s gay and a professor at Loyola Law School, said the constitutionality of DOMA and the federal constitutionality of Hawaii’s prohibition on same-sex marriage present materially different questions, but acknowledgedย the court notably departs from recent rulings by finding that Baker v. Nelson governs and by accepting arguments rooted in procreation.

“The other notable thing is that the court takes the Ninth Circuit at its word when it said that Perry applies only to the specific and unique situation of California, such that โ€” as opposed to what many have been suggesting, including social-conservative activists โ€“ the Perry decision did not necessarily decide the issue for states like Hawaii, Washington, Oregon and Nevada,” NeJaime said.

The ruling comes in a state that arguably is the birthplace of the modern movement for same-sex marriage. In early 1993, the Hawaii Supreme Court ruled that refusing to grant same-sex couples marriage licenses is discriminatory. Backlash followed, including the passage of a voter referendum in 1998 allowing the state legislature to constitutionally ban same-sex marriage. The events in Hawaii also were an impetus for passage of the Defense of Marriage Act of 1996.

Still, Hawaii has seen recent movement granting legal recognition to same-sex couples. Gov. Neil Abercrombie (D) signed civil unions legislation into law last year. Further, he announced in Februaryย he wouldn’t defend the same-sex marriage ban in court, while Health Director Loretta Fuddy said sheโ€™d continue defending the amendment.

An anti-gay group was happy with the decision. Dale Schowengerdt, legal counsel for Alliance Defending Freedom, which took up defense of the marriage ban after Abercrombie declined to defend it, praised the ruling.

โ€œThis ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,โ€ Schowengerdt said. โ€œThe people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldnโ€™t be short-circuited by judicial decree.โ€

But proponents of the lawsuit said they were eagerly awaiting an appeal in the case.

John D’Amato, partner and co-founderย D’Amato and Maloney, said he’s “disappointed” in the ruling and plans to appeal.ย The court that would have jurisdiction for appeal would be the U.S. Ninth Circuit Court of Appeals, which has already ruled against California’s same-sex marriage ban.

“The judge basically found in every conceivable point for defendants in the case, including on arguments that we find personally objectionable, which is that it’s OK to treat same-sex couples as second-class citizens because they make second-rate parents,” D’Amato said. “He didn’t need to reach that issue, and the fact that he did, we find, frankly, appalling.”

Following the ruling, Abercrombie issued a statement saying he’d back an appeal.

“I respectfully disagree and will join the Plaintiffs if they appeal this decision,” Abercrombie said. “To refuse individuals the right to marry on the basis of sexual orientation or gender is discrimination in light of our civil unions law. For me this is about fairness and equality.”

Donald Bentz, executive director of Equality Hawaii, said the court ruling against marriage equality was expected given “this particular judge’s temperament,” but added he’s eagerly awaiting an appeal in the case.

“Judge Kay cited a 40-year-old case and antiquated beliefs such as straights make better parents and marriage is for breeding children,” Bentz said. “The flawed and out-of-date logic begs for an appeal, which we are eagerly awaiting. This is not a set-back, but an anticipated speed bump. The question is still ‘when will marriage equality will come to Hawaii?,’ not ‘if.'”

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North Carolina

Authorities investigate officer-involved shooting outside Asheville gay bar

Incident took place near Shakey’s on Wednesday

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(Photo by chalabala/Bigstock)

An officer-involved shooting outside of a gay dive bar, Shakeyโ€™s, in downtown Asheville, N.C., left one man dead Wednesday.

The bar released a statement the following morning regarding the incident, stating that bar staff had asked a patron to leave earlier in the night citing concerning behavior. The bar said that later the man was spotted with a gun in the parking lot.

The bar proceeded to call 911, locked the doors to the establishment, and followed dispatcher instructions on how to keep patrons of the bar safe while officers arrived. These protocols included getting patrons away from the windows and staying low to the ground.

According to Shakeyโ€™s, shots were fired outside of the business. When the Asheville Police Department officers arrived, they fired back. The individual died from their injuries, according to the police.

โ€œBecause of everyone’s quick actions, cooperation, and concern for one another, every customer and every employee inside Shakey’s made it home safely. We are incredibly thankful,โ€ Shakeyโ€™s said on their Instagram page. They thanked Asheville police, emergency dispatchers, EMS, and all first responders who were on scene.

On Thursday, a spokesperson for the North Carolina State Bureau of Investigation, Chad Flowers, stated that the suspect involved in the shooting was Arturo Castillo Palomar.

The Washington Blade reached out to the North Carolina State Bureau of Investigation for a comment regarding the possibility of the event being considered a hate crime. They said the issue is currently under investigation and that the findings would be turned over to the district attorney for review.

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Pentagon

Hegseth announces testosterone initiative as trans troop ban continues

SPARTA Pride criticized Pentagon policy

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Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

The U.S. military will begin testing and treating service members with hormone therapy despite banning similar medical care for transgender service members.

Defense Secretary Pete Hegseth said Wednesday that troops ages 30 and older will be subject to annual testosterone screenings, while younger service members will have the option to voluntarily opt in. Some troops may then be recommended for hormone therapy, he explained in a video posted to social media.

“Under the supervision of our world-class medical professionals, warfighters age 30 and older are going to be tested annually as part of their periodic health assessment,” Hegseth said in a video posted to X, captioned “The High-T Department of War.”

This push to test testosterone levels, as the hormone is commonly referred to as “T,” runs counter to current medical guidelines. Physicians are generally advised to discuss testosterone therapy only with men who have symptoms consistent with low testosterone and documented low hormone levels on two separate blood tests.

Testosterone is a vital sex hormone that all humans naturally produce. It helps regulate muscle mass, bone density, and sex drive. In men, it is primarily produced in the testicles, while in women it is produced in the ovaries and adrenal glands.

Natural testosterone levels in men decline with age and have long been associated with issues such as erectile dysfunction, low libido, mood changes, and weight gain. However, experts continue to debate whether these conditions should routinely be treated with testosterone therapy.

Hegseth’s announcement aligns with other actions taken by the Trump-Vance administration โ€” including efforts by Health Secretary Robert F. Kennedy Jr. โ€” to make testosterone therapy more accessible for men, particularly those assigned male at birth.

Last month, the Food and Drug Administration proposed easing prescribing restrictions on testosterone gels, pills, patches, and injections following a December advisory panel that recommended reducing regulatory hurdles to expand access to testosterone therapy.

Currently, FDA labeling specifies that these medications are approved only for men with hypogonadism, a medical condition that causes abnormally low testosterone levels.

The announcement came as a shock to many LGBTQ advocates because Hegseth and the Defense Department have cited the use of hormone therapy by trans service members as justification for their dismissal under President Donald Trump’s 2025 executive order, “Prioritizing Military Excellence and Readiness.

The Pentagon continues to pursue implementation of the trans military ban as litigation proceeds. As a result, many trans service members have had their gender-affirming medical care halted, even as similar hormone therapy is now being expanded for cisgender service members. Under the executive order, the military currently disqualifies individuals diagnosed with gender dysphoria and has begun formal administrative separation proceedings for trans personnel.

SPARTA Pride, a nonpartisan nonprofit organization made up of trans service members, veterans, and their allies, issued a statement to the Washington Blade following Hegseth’s announcement.

“If hormone therapy helps warfighters perform at their best, then it cannot simultaneously be used as evidence that transgender service members are unfit to serve,” said Kara Corcoran, executive director of SPARTA Pride. “The same class of evidence-based medical treatment cannot be characterized as readiness-enhancing for one group and readiness-destroying for another.”

The legal fight over trans military service remains ongoing.

On June 1, the U.S. Court of Appeals for the D.C. Circuit ruled that trans service members already serving in the military could continue to do so, while allowing the armed services to continue refusing to enlist new trans recruits.

The Blade reached out to the Pentagon to ask why cisgender service members could receive hormone therapy while trans service members could not, but did not receive a response by the time of publication.

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National

Democrats are trying to disqualify trans candidates. Hereโ€™s how

Jordan Korgood suspended Mass. Governorโ€™s Council candidacy after opponent questioned residency

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Jordan Korgood outside the Massachusetts State House in Boston on July 8, 2026. (Photo by CJ Gunther for Uncloseted Media.)

Uncloseted Media published this article on July 14.

By HOPE PISONI | Jordan Korgood has come a long way. In 2023, she ran into financial difficulties while studying at Northeastern University in Boston and ended up unhoused. Ordinary shelters areย hotbeds of discrimination and mistreatmentย for transgender women like her, and the onlyย trans shelterย was full. So for five months, she slept in her car, in public libraries and anywhere she could find in order to continue her studies and campus activism.

Korgood, now 24, started a bid in March for a seat on Massachusetts Governorโ€™s Council, a state board tasked with approving judicial candidates. Despite running against an incumbent who has been in office for 41 years, she secured key endorsements from local Democrats and racked up more than 7,000 Instagram followers, the equivalent of nearly one-tenth of primary voters during the last election cycle.

But last month, her momentum was ripped away. It started when Ronald Iacobucci, one of her opponents, noticed that she was still registered to vote in the 2024 election with an old New York address. He proceeded to file an objection with the state, alleging that Korgood didnโ€™t meet the five-year residency requirement. While Korgood has lived in Massachusetts since 2019, she didnโ€™t have a valid address to register in the state while she was unhoused. So she used her motherโ€™s address, where she had lived before moving.

In an email to Uncloseted Media, Iacobucci wrote: โ€œBecause serious questions have arisen concerning compliance with those requirements, an objection was appropriate so the matter can be reviewed through the lawful process established by the commonwealth. This objection was nothing personal, it was always about the integrity of the process.โ€

While most residency challenges like thisย failย in Massachusetts, the State Ballot Law Commission disqualified Korgood on June 18. While she initially attempted to appeal the decision, the financial and logistical burden became too much โ€” she estimates it drained about 40 percent of her campaign funds. So on July 10, Korgoodย suspended her campaign.

โ€œI am incredibly frustrated that this is what I have to do at this point,โ€ Korgood told Uncloseted Media. โ€œIโ€™ve spent thousands of hours, Iโ€™ve sacrificed my own mental health, my social life, friendships, my professional aspirations and advancement to work on this campaign, and this is how theyโ€™re ruling.โ€

โ€œThese are cherry-picking remote issues to target specific individuals,โ€ Eliot Tracz, assistant professor of law at New England Law Boston, told Uncloseted Media. โ€œTheyโ€™re legitimate laws, but what theyโ€™re looking for is a selective application.โ€

Korgood isnโ€™t the only trans candidate facing barriers. While aย 2025 reportย by the LGBTQ+ Victory Institute found that trans representation among elected officials has increased by over 700 percent since 2017, candidates still face major hurdles.

Uncloseted Media found examples of trans candidates running for public office in Ohio and Michigan who have been threatened with disqualification over challenges to their eligibility. Often, the challenges come from their primary opponents: fellow Democrats.

โ€œIt should be voters, not political opponents, who decide who represents them,โ€ Daniel Hernandez, vice president of political programs at the LGBTQ+ Victory Fund, a nonprofit supporting queer candidates for public office, told Uncloseted Media. โ€œThis is not a legitimate way to fight โ€” if you have a disagreement on policy, thatโ€™s one thing, but to try and target trans people just because of who they are is completely unacceptable, especially in a Democratic primary.โ€

A growing strategy

The first widely publicized eligibility challenge against a trans candidate Uncloseted Media identified took place in Stark County, Ohio, in 2024. The Stark County Board of Elections, which has the same chairman as the countyโ€™s Democratic Party, disqualified Vanessa Joy, a trans woman who was running for a seat in the state legislature. The board cited an obscure state law requiring candidates who changed their name in the last five years to list their former name on candidacy petitions โ€” in Joyโ€™s case, her deadname.

โ€œThe original spirit of the law I kind of agree with,โ€ Joy told Uncloseted Media. โ€œBut thereโ€™s hardly any information about this law ever being enforced.โ€

Days later, Arienne Childrey and Bobbie Arnold, two other trans candidates, had their eligibility challenged based on this law. While both candidates were cleared to run, that wasnโ€™t the case for Joy, who never made it on the ballot.

Tom Sutton, a political science professor at Baldwin Wallace University, toldย Spectrum News 1ย he had never seen this law enforced in his 30 years of study. At the time, the relevant forms didnโ€™t include a space to list former names, an omission that has since beenย corrected.

โ€œThe only way to find out about it was to dig deep into all of the additional documents on their website,โ€ says Joy. โ€œThey used this law against me.โ€

Similar challenges cropped up in Michigan this year. Joanna Whaley, a trans woman running for a seat in the state legislature, faced a legal complaint from her Democratic primary opponent Frank Liberati, who claimed in April that she should have filed campaign paperwork under her deadname.

โ€œBecause both the original and amended affidavits of identity filed by โ€˜Joanna Michelle Whaleyโ€™ contain FALSE statements, she/he cannot be certified to appear on the Aug. 4, 2026, primary election ballot,โ€ย the complaint argues.

The county clerk denied the challenge, which deadnames Whaley, because she had legally changed her name. Liberatiโ€™s complaint was widely condemned, with the Michigan Legislative LGBTQ+ Caucus calling it โ€œmeritlessโ€ and โ€œtransphobic.โ€

โ€œIt completely backfired on him,โ€ Whaley told Uncloseted Media. โ€œWe tripled our cash on hand within a week because of the support that weโ€™ve gotten from our community, and actually are in a stronger position now to win this race.โ€

While Whaley benefited from the challenge, thatโ€™s not the norm. Toni Mua, a trans woman running for a seat in the Michigan legislature, received a complaint from political activist Robert Davis in April who alleged that she also should have run under her deadname.

One of Muaโ€™s opponents, Democrat Arthur Harrington, had discussed the challenge with Davis before it was filed, according to DeNiro Jones, Harringtonโ€™s former campaign manager. Jones told Uncloseted Media he sat in on a meeting between the two where they discussed the plan.

Jones also sent Uncloseted Media a screenshot of what he says is a text thread that Harrington sent him. In the screenshot, Davis tells Harrington, โ€œThe transgender candidate will be eliminated,โ€ and Harrington responds that โ€œToni also wonโ€™t have the money to fight it.โ€ Those texts were from April 22, two days before Davis filed the challenge.

In an email to Uncloseted Media, Davis called this story โ€œbaseless and meritlessโ€ and referred to Mua as โ€œan illegitimate candidate seeking attention.โ€

โ€œA candidate who happens to identify as transgender clearly violated Michigan Election Law and should not have been allowed to appear on the ballot,โ€ Davis wrote. โ€œA personโ€™s sexual orientation nor identity played no part in the litigation seeking to have the person who filed a false affidavit of identity properly removed from the ballot.โ€

Arthur Harrington did not reply to multiple requests for comment. But in a June statement to Michigan Advance, he denied allegations that he was involved in Davisโ€™s challenge.

These legal fights cost a lot. Korgood paid her lawyer $5,000. And while Mua defeated her challenge, she also had to use an estimated 40 percent of her campaign funds, or $10,000, to fight it.

In its opinion rejecting Davisโ€™s challenge of Muaโ€™s candidacy, the state court of appeals wrote, โ€œPlaintiff misreads the statute โ€ฆ The Court of Claims did not err by concluding that Mua complied with the law or that the Wayne County Clerk did not err in rejecting plaintiffโ€™s challenge.โ€

โ€œI had to leave my job to run for this open seat,โ€ Mua told Uncloseted Media. โ€œIt truly pisses me off, because [Democrats] have always said that they were better than this, and itโ€™s showing truly where their support lies.โ€

Quinn Allred, executive director at Let Us Lead, a youth-focused voting rights nonprofit, finds these eligibility challenges from Democrats โ€œdespicable.โ€

โ€œInstead of saying โ€˜trans people shouldnโ€™t be running,โ€™ [theyโ€™re entering] into this respectability politics and saying โ€˜oh, itโ€™s actually because the names donโ€™t match up, or itโ€™s because of this residency law,โ€™โ€ Allred told Uncloseted Media. โ€œ[Itโ€™s a] special brand of cowardice that it takes for a Democrat to target a queer person who is also running for office.โ€

Uneven enforcement

While challenges to candidatesโ€™ residency arenโ€™t uncommon in Massachusetts, theyย usually fail, according to Western Mass Politics & Insight, a long-running blog by local political and legal analysts.

The blog says most officials with authority over elections have a โ€œgreat reluctance โ€ฆ to remove an individual from the ballot.โ€ This makes Korgoodโ€™s removal unusual.

And while the State Ballot Law Commission says it considers many factors when determining a candidateโ€™s residency and โ€œno factor standing alone can be dispositive,โ€ it largely cited Korgoodโ€™s voter registration in its decision despite other evidence that supports her eligibility, including apartment leases and membership in city programs.

โ€œWhile thereโ€™s an undertone of legitimacy to some of those claims, itโ€™s very selective,โ€ Tracz says. โ€œMost of us, when we move to a new state, donโ€™t bother to go through the process of getting rid of our registration to vote in the prior state.โ€

Throughout history, Massachusetts candidates who faced similar challenges have been left on the ballot. These include former Massachusetts Gov. Mitt Romney, who received a tax credit in Utah reserved for primary residences, and Brockton, Mass., mayoral candidate Hamilton Rodrigues, who had gotten his voter registration in Brockton removed and hadnโ€™t voted in the city for over 10 years.

Months after Joyโ€™s disqualification in Ohio, the Mahoning County Board of Elections struck down a similar challenge against Republican Tex Fischer, a cisgender man who changed his legal name. They allowed him to stay on the ballot.

Tracz says a judge would likely find selective enforcement like this questionable.

โ€œ[That rule is] applicable to any candidate, and the question then becomes โ€˜Is this only being enforced against a select group of candidates?โ€™โ€ he says. โ€œWhy are we only investigating a specific type of candidate? I think that will give some courts pause.โ€

Making existing challenges worse

Trans candidates face hurdles beyond eligibility challenges. A June report from the LGBTQ+ Victory Institute found that nearly two-thirds of LGBTQ candidates face in-person harassment and nearly 80 percent of them face online harassment.

โ€œWhether itโ€™s threats of violence, coordinated harassment campaigns, attempts to remove people from the ballot, the cumulative effect is the same: public service becoming more difficult and less accessible to the LGBTQ community,โ€ says Hernandez of the Victory Fund.

Whaley says the increased attention from Liberatiโ€™s challenge brought even more harassment her way. She says she reports death threats to the police weekly and has a security detail at every public appearance. Security has become her second-largest campaign expense, and for good reason; in October, her team intervened when a man wearing a Make America Great Again hat followed her around with a gun at a No Kings rally.

โ€œAt the end of the day, I want to get home to tuck my kids in bed,โ€ Whaley says. โ€œWe could be using that money for other things, but weโ€™re having to use it to just keep me alive.โ€

Eligibility challenges distract from the candidatesโ€™ policies. Childrey remembers one woman telling her she couldnโ€™t vote for her because sheโ€™s โ€œonly about the rainbow people.โ€

โ€œMost of what [Iโ€™m] talking about is affordability, funding for our public schools … bread and butter issues,โ€ Childrey told Uncloseted Media. โ€œThere is an assumption, because weโ€™re trans, that thatโ€™s all it is.โ€

Barriers also pile up intersectionally.ย Nearly one-thirdย of trans people experience homelessness at some point in their lives, a rate eight times higher than the general population. This means barriers for unhoused people disproportionately affect trans candidates.

โ€œTrans youth, trans people of color, students, those who are unhoused like [Korgood] was, or who are disabled or low-income โ€” those barriers only compound,โ€ Allred says.

What could change?

Zein Murib, a political science professor at Fordham University, says these incidents demonstrate the need for more leniency with official documentation, arguing that a candidateโ€™s deadname or legal sex arenโ€™t relevant information. Today, 45 states accept common-law names, or the name a person uses in everyday life regardless of their ID, for other legal procedures, and Whaley says this should apply to campaigns as well.

Besides these policy changes, Allred says LGBTQ advocacy groups should allocate more funds to defend trans candidates from eligibility challenges. And Hernandez says that more people should condemn these tactics and show support for those targeted.

โ€œWe need to make sure that we set the expectation that everyone โ€ฆ is rejecting these tactics that are disproportionately burdening our trans candidates,โ€ he says. โ€œWe have to call it out when we see it, and we have to make sure that we are not just letting candidates fight these fights themselves.โ€

Mua says that she doesnโ€™t see a future for herself or other trans people with the Democrats unless the party stands up for them. โ€œI refuse to put myself into a party where I donโ€™t see my safety and protection being vital.โ€

While Korgood says she is saddened by this outcome, she doesnโ€™t intend for her political career to end.

โ€œIโ€™m incredibly proud of what we were able to accomplish, and while I am beyond disappointed and frustrated that this is how this is ending, I am so grateful that I earned the support and the attention of thousands of people in this race.โ€


Uncloseted Media also reached out to the Stark and Mahoning County Boards of Elections as well as the office of the Secretary of State in Ohio, and the Elections division of the Secretary of the Commonwealth of Massachusetts, under which the State Ballot Law Commission serves. None replied.

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