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Judge orders recognition of another same-sex marriage in Ohio

State must list Michener as surviving spouse on partner’s death certificate

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A judge has granted another restraining order in Ohio to recognize the marriage of a same-sex couple.

A judge has granted another restraining order in Ohio to recognize the marriage of a same-sex couple.

More than one month after the story of same-sex couple seeking recognition of their marriage moved the country, the federal judge that ordered Ohio to observe that union has now done the same for a gay man seeking recognition of his union to his departed spouse.

In a three-page restraining order, U.S. District Judge Timothy Black on Tuesday ordered the State of Ohio recognize the marriage of a Cincinnati couple that married in Delaware in July, but where one person in the relationship unexpectedly died of natural causes last month.

Black ruled that David Michener, the surviving spouse in the relationship, is eligible for the restraining order because of immediate need for action as well as the likely success of his claim that the state constitutional amendment in Ohio barring recognition of his marriage violates the First and Fourteenth Amendments under the U.S. Constitution.

“On this record, there is insufficient evidence of a legitimate state interest to justify this singling out of same sex married couples given the severe and irreparable harm it imposes on David Michener,” Black writes.

Additionally, the judge allows Michener to join with plaintiff James Obergefell as part of the lawsuit seeking marriage equality in Ohio known as Obergefell v. Kasich.

Michener and his partner, William Herbert Ives, had been together 18 years and adopted three children together. After they lawfully married in Delaware last month, Ives unexpected died of natural causes on Aug. 27.

Ives’ remains are at the funeral home, and his cremation was scheduled for Wednesday. For the cremation to proceed, a death certificate must be issued. However, under current law, Ohio won’t recognize the couples as married. Michener sought a death certificate that lists him as a “surviving spouse” and recognizes him as married.

The judge on Tuesday granted that request through another temporary restraining order that enjoins state officials, including Gov. John Kasich and Attorney General Mike DeWine, from enforcing the state’s ban on same-sex marriage with respect to this couple. The order is set to expire on Sept. 17 unless the court decides to extend it.

Alphonse Gerhardstein, the private attorney representing Michener, said his client is unavailable to answer questions from the media.

“He must cremate his spouse and be strong for his three children,” Gerhardstein said. “That is his focus now and he cannot respond to press questions.”

Dan Tierney, a DeWine spokesperson, said the attorney general declines to comment at this time, but added there’s no way to appeal a temporary restraining order.

Michener is granted a restraining order after the same judge granted an earlier restraining order requiring Ohio to recognize the marriage of Obergefell to John Arthur, who’s terminally ill with Lou Gehrig’s disease.

The couple flew to Maryland in the plane specially fitted for Arthur, married on the Baltimore airport tarmac and returned to Ohio the next day. They sued Ohio to ensure Obergefell would be listed as a surviving spouse on Arthur’s death certificate.

Evan Wolfson, president of Freedom to Marry, said the judge was correct in his order and it demonstrates the need to lift the prohibition on same-sex marriage in Ohio.

“Ohio’s marriage discrimination imposes ‘severe and irreparable harm’ on loving and committed same-sex couples who deserve and need the same respect and legal safety-net as other married couples,” Wolfson said. “Ohioans were stampeded into putting marriage discrimination into their state constitution before they had a chance to really think it through. The amendment violates the U.S. Constitution and thus must fall.”

[h/t] Kathleen Perrin

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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Congress

10 HIV/AIDS activists arrested on Capitol Hill

Protesters interrupted Secretary of State Marco Rubio during hearing

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Tuesday arrested 10 HIV/AIDS activists who protested Secretary of State Marco Rubio during a Senate Foreign Relations Committee hearing.

The activists from Housing Works, Health GAP, the Treatment Action Group, and ACT UP held signs and chanted “Rubio’s Cuts Kill People with AIDS, PEPFAR Saves Lives!” before officers removed them from Dirksen Senate Office Building room where the hearing took place.

A media advisory the Washington Blade received before the protest noted “mounting evidence of Rubio’s attempts to sabotage PEPFAR (the President’s Emergency Plan for AIDS Relief, U.S. bilateral AIDS program) and vital global health programs.” The press release specifically highlighted three specific points:

• Eliminating Centers for Disease Control’s (CDC) lifesaving PEPFAR programs, which currently support approximately 12 million people on HIV treatment across 51 countries. Instead, Rubio intends to dismantle CDC’s current PEPFAR role and stamp out their global footprint in disease outbreak and surveillance for pandemics beyond HIV. Experts including eight former CDC Directors under Republican and Democratic administrations have spoken out against this effort to dismantle PEPFAR. Recent PEPFAR data showed sharp decreases in the numbers of people newly tested, diagnosed, and treated for HIV, but these data would have been even worse if not for CDC’s PEPFAR programs.

• Withholding $2 billion in Congressionally appropriated FY25 funding, including $330 million to combat HIV, $250 million to fight malaria, $320 million for maternal and child health programs, and nearly $650 million in global health security programs.

• Negotiating secret bilateral deals blackmailing African governments by demanding access to critical mineral wealth as a condition of access to HIV treatment and prevention funding.

The groups have staged several protests against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought a few weeks later said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. Advocacy groups insist the expanded rule will adversely impact HIV prevention efforts around the world.

“Congress must stop Secretary Rubio before he dismantles PEPFAR,” said Treatment Action Group’s Kendall Martinez-Wright. “Rubio continues to defy the will of Congress and the American people who want this program restored and repaired. Under his leadership he is diverting funding and trying to eliminate the essential role of technical experts in global HIV and global health, while program performance is flailing.”

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2026 Midterm Elections

Ken Paxton wins Texas Republican primary runoff

LGBTQ rights opponent will face Democrat James Talarico in November

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Ken Paxton, gay news, Washington Blade
Texas Attorney General Ken Paxton speaking in 2017. (Washington Blade photo by Michael Key)

Attorney General Ken Paxton won the Republican Senate primary in Texas on Tuesday, ousting incumbent U.S. Sen. John Cornyn.

Paxton won the primary against the four-term incumbent in large part due to President Donald Trump’s endorsement. Despite Cornyn voting with Trump more than 90 percent of the time, political insiders say being supportive isn’t enough to win Trump’s endorsement anymore — Republican candidates need to embrace the full MAGA image, something Paxton has done.

Paxton has served as Texas attorney general since 2015 and, before that, worked as a Texas state representative. He has approached both roles with what LGBTQ activists call a “consistently Anti-LGBTQ+ Record.” Following the landmark U.S. Supreme Court decision in Obergefell v. Hodges — the case that made same-sex marriage the law of the land — Paxton advised Texas county clerks they could refuse marriage licenses to same-sex couples on religious grounds.

His anti-LGBTQ crusade doesn’t stop at fighting against marriage equality.

Paxton has repeatedly demanded medical records for transgender youth in multiple states — including Texas, Georgia, and Washington — in hopes of making the practice illegal. His anti-trans actions go far past medical records. Paxton issued an opinion barring trans Texans from changing the sex on their driver’s licenses and birth certificates, claiming any changes made were “unlawfully altered,” and helped the DOJ reach an agreement with a Texas’s children’s hospital for providing minors gender-affirming care, eventually leading to a 10 million dollar settlement. He also authored a non-legally binding opinion equating gender-affirming healthcare for youth to child abuse.

In addition to his long history of anti-LGBTQ policy in the Lone Star State, Paxton is no stranger to controversy.

Multiple impeachment efforts brought against him in the state House of Representatives for “abuse of office” — with the state Senate later acquitting him — allegations that he used his office to assist large campaign donors, namely Nate Paul, and a widely publicized separation from his wife, state Sen. Angela Paxton, all impacted his run for the U.S. Senate seat — but not enough to keep him from the office.

Lynne Bowman, vice president of campaigns at the Human Rights Campaign, issued a statement following the announcement of Paxton’s primary win.

“Texans have a clear choice this fall, and an opportunity to reject failed policies that hurt all families,” Bowman sent to the Blade via email. “Ken Paxton is so out of step that he has fought to undercut marriage equality and spent time demanding personal medical records for young people who do not even live in Texas, all while becoming the most corrupt politician in America. The more than 2 million Equality Voters in Texas will send him packing.”

Paxton will face off against Democratic hopeful and vocal Trump critic James Talarico in the fall.

Talarico, who won the Democratic primary in April against Congresswoman Jasmine Crockett, has been a vocal supporter of LGBTQ rights, citing his ministry work as the source of his support for the community.

The race for Texas’s Senate seat will be decided on Nov. 3.

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