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New Jersey court rules in favor of marriage equality

Garden State ordered to issue licenses to gay couples starting Oct. 21

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National LGBT Bar Association, Gay News, Washington Blade

The New Jersey Supreme Court has ruled that the state must allow same-sex couples to marry (image via wikimedia).

A New Jersey court ruled on Friday in favor of marriage equality on the basis that the state’s current system of civil unions precludes gay couples from receiving the federal benefits of marriage.

In the 53-page decision, Judge Mary Jacobson of the New Jersey Superior Court grants summary judgment in favor of plaintiffs, saying same-sex couples must be able to marry under the equal protection guarantee provided under the state constitution. The ruling cites Lewis v. Harris, an earlier decision that led to the creation of civil unions in New Jersey to bring equality to gay couples.

“The equality demanded by Lewis v. Harris now requires that same-sex couples in New Jersey be allowed to marry,” the decision states. “As a result, this court will grant plaintiffs’ motion for summary judgment and will order the state to permit any and all same-sex couples, who otherwise satisfy the requirements for civil marriage, to marry in New Jersey.”

If the state doesn’t appeal the ruling, the decision states New Jersey has until Oct. 21 to start distributing marriage licenses to gay couples. The office of New Jersey Gov. Chris Christie, who opposes same-sex marriage. didn’t respond to the Washington Blade’s request to comment on whether an appeal would happen.

But according to the Associated Press, Michael Drewniak, a Christie spokesperson, suggested on Friday the governor intends to appeal the ruling to the New Jersey Supreme Court.

“Gov. Christie has always maintained that he would abide by the will of the voters on the issue of marriage equality and called for it to be on the ballot this Election Day,” Drewniak was quoted as saying. “Since the legislature refused to allow the people to decide expeditiously, we will let the Supreme Court make this constitutional determination.”

The court makes heavy use of the U.S. Supreme Court decision against the Defense of Marriage Act. Now that the federal benefits marriage are beginning to flow to married gay couples as the result of that decision, the New Jersey court reasons that civil unions are insufficient because the DOMA decision doesn’t apply to them.

“The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New Jersey in a wide range of contexts: civil union partners who are federal employees living in New Jersey are ineligible for martial rights with regard to the federal pension system, all civil union partners who are employees working for businesses to which the Family and Medical Leave Act applies may not rely on its statutory protections for spouses, and civil union couples may not access the federal tax benefits that married couples enjoy,” the decision states.

The decision reached in the case, known as Garden State Equality et al. v. Dow et al, means New Jersey is set to become the 14th state in the country to grant marriage rights to same-sex couples.

The court reaches the decision as a result of a lawsuit filed in 2011 by Lambda Legal on behalf of Garden State Equality and six plaintiffs couples following a veto of marriage bill by Christie. The lawsuit alleged that civil unions — established in 2007 as a result of the decision in Lewis v. Harris — provided inadequate protections to gay couples.

Hayley Gorenberg, Lambda Legal’s deputy legal director, said the court decision is “thrilling” because it enables gay couples to receive the federal benefits of marriage following the Supreme Court decision against DOMA.

“The end of DOMA made the freedom to marry even more urgent than before because the state stood between these families and a host of federal protections, benefits, rights and responsibilities,” Gorenberg said. “With this ruling, our clients and all of New Jersey’s same-sex couples are at the threshold of the freedom to marry.”

LGBT advocates had been moving forward with plans to override Christie’s veto of same-sex marriage legislation as litigation was proceeding in state court.

Earlier this month, according to the group New Jersey United for Marriage, supporters of same-sex marriage picked up three new votes in favor of same-sex marriage: Assembly members Wayne DeAngelo, Gabriela Mosquera and Holly Schepesi, a Republican, bringing them closer to the two-thirds vote needed in both chambers of the legislature to override Christie’s veto.

Troy Stevenson, executive director for Garden State Equality, said the court decision represents an incredible victory and marriage equality will come to New Jersey one way or the other.

“We have been saying it for months and it stands true today: through litigation or legislation, we will win the dignity of marriage this year,” Stevenson said. “We just won the first round through litigation and we will continue to fight until we guarantee marriage for all New Jersey couples.”

The decision from the New Jersey court wasn’t the only victory on Friday for supporters of same-sex marriage. On the same day in Illinois, the Circuit Court of Cook County, Chancery Division, allowed another consolidated lawsuit known as Darby v. Orr to proceed in state court. That litigation was filed by Lambda Legal and the American Civil Liberties Union in May 2012.

Assembly member Reed Gusciora, a Democrat and gay lawmaker, commended the court for its decision and said it affirms civil unions are inadequate for same-sex couples.

“The federal government has recognized this,” Gusciora said. “The New Jersey Legislature recognized this. The courts now recognize this. It’s time for the Governor to stop standing in the way of justice and allow this order to be upheld.”

Judge Sophia Hall allowed the case to proceed on the basis of claims that the state law prohibiting same-sex marriage in Illinois denies gay couples equal protection and due process under the state constitution. However, she dismissed claims the same-sex marriage ban violates the state’s constitution’s equal protection on account of sex, the right to privacy and special legislation clause.

Camilla Taylor, marriage project director for Lambda Legal, said her organization is “pleased” the couples represented in the case will have their day in court.

“Illinois’ marriage ban not only brands these couples and their children as inferior under state law, but now that the federal law known as DOMA has been struck down by the Supreme Court, Illinois is the only thing standing between these families and full federal respect for their relationships,” Taylor said. “Loving same-sex couples in Illinois can’t wait any longer for the freedom to marry. We’re excited to get to the next step and make the case for equality.”

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Congress

Top Congressional Democrats reintroduce Equality Act on Trump’s 100th day in office

Legislation would codify federal LGBTQ-inclusive non-discrimination protections

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Senate Democratic Leader Chuck Schumer (N.Y.) and Democratic members reintroduce the Equality Act, April 29 2025 (Washington Blade photo by Christopher Kane)

In a unified display of support for LGBTQ rights on President Donald Trump’s 100th day in office, congressional Democrats, including leadership from the U.S. House and U.S. Senate, reintroduced the Equality Act on Tuesday.

The legislation, which would prohibit discrimination on the basis of sexual orientation and gender identity, codifying these protections into federal law in areas from jury service to housing and employment, faces an unlikely path to passage amid Republican control of both chambers of Congress along with the White House.

Speaking at a press conference on the grass across the drive from the Senate steps were Senate Minority Leader Chuck Schumer (N.Y.), House Speaker Emerita Nancy Pelosi (Calif.), House Democratic Whip Katherine Clark (Mass.), U.S. Sen. Tammy Baldwin (Wis.), who is the first out LGBTQ U.S. Senator, U.S. Rep. Mark Takano (Calif.), who is gay and chairs the Congressional Equality Caucus, U.S. Rep. Chris Pappas (N.H.), who is gay and is running for the U.S. Senate, U.S. Sen. Cory Booker (N.J.), and U.S. Sen. Jeff Merkley (Ore.).

Also in attendance were U.S. Rep. Sarah McBride (Del.), who is the first transgender member of Congress, U.S. Rep. Dina Titus (Nev.), U.S. Rep. Mike Quigley (Ill.), and representatives from LGBTQ advocacy groups including the Human Rights Campaign and Advocates 4 Trans Equality.

Responding to a question from the Washington Blade on the decision to reintroduce the bill as Trump marks the hundredth day of his second term, Takano said, “I don’t know that there was a conscious decision,” but “it’s a beautiful day to stand up for equality. And, you know, I think the president is clearly hitting a wall that Americans are saying, many Americans are saying, ‘we didn’t vote for this.'”

A Washington Post-ABC News-Ipsos poll released Sunday showed Trump’s approval rating in decline amid signs of major opposition to his agenda.

“Many Americans never voted for this, but many Americans, I mean, it’s a great day to remind them what is in the core of what is the right side of history, a more perfect union. This is the march for a more perfect union. That’s what most Americans believe in. And it’s a great day on this 100th day to remind our administration what the right side of history is.”

Merkley, when asked about the prospect of getting enough Republicans on board with the Equality Act to pass the measure, noted that, “If you can be against discrimination in employment, you can be against discrimination in financial contracts, you can be against discrimination in mortgages, in jury duty, you can be against discrimination in public accommodations and housing, and so we’re going to continue to remind our colleagues that discrimination is wrong.”

The Employment Non-Discrimination Act, which was sponsored by Merkley, was passed by the Senate in 2013 but languished in the House. The bill was ultimately broadened to become the Equality Act.

“As Speaker Nancy Pelosi has always taught me,” Takano added, “public sentiment is everything. Now is the moment to bring greater understanding and greater momentum, because, really, the Congress is a reflection of the people.”

“While we’re in a different place right this minute” compared to 2019 and 2021 when the Equality Act was passed by the House, Pelosi said she believes “there is an opportunity for corporate America to weigh in” and lobby the Senate to convince members of the need to enshrine federal anti-discrimination protections into law “so that people can fully participate.”

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Politics

George Santos sentenced to 87 months in prison for fraud case

Judge: ‘You got elected with your words, most of which were lies.’

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Former U.S. Rep. George Santos (Washington Blade photo by Christopher Kane)

Disgraced former Republican congressman George Santos was sentenced to 87 months in prison on Friday, after pleading guilty last year to federal charges of wire fraud and aggravated identity theft. 

“Mr. Santos, words have consequences,” said Judge Joanna Seybert of the U.S. District Court for the Eastern District of New York. “You got elected with your words, most of which were lies.”

The first openly gay GOP member of Congress, Santos became a laughing stock after revelations came to light about his extensive history of fabricating and exaggerating details about his life and career.

His colleagues voted in December 2023 to expel him from Congress. An investigation by the U.S. House Ethics Committee found that Santos had used pilfered campaign funds for cosmetic procedures, designer fashion, and OnlyFans.

Federal prosecutors, however, found evidence that “Mr. Santos stole from donors, used his campaign account for personal purchases, inflated his fund-raising numbers, lied about his wealth on congressional documents and committed unemployment fraud,” per the New York Times.

The former congressman told the paper this week that he would not ask for a pardon. Despite Santos’s loyalty to President Donald Trump, the president has made no indication that he would intervene in his legal troubles.

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Congress

Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker

Congressman Robert Garcia led delegation

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.

The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Garcia told the Washington Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.

“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.

The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”

“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”

The U.S. Embassy in El Salvador in 2023. (Photo courtesy of the U.S. Embassy of El Salvador’s Facebook page)

Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.

“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”

Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.

Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.

Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.

Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.

“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”

President Donald Trump greets Salvadoran President Nayib Bukele at the White House on April 14, 2025. (Public domain photo)

Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.

“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”

The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.

“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.

The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.

“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”

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