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Judge sets Feb. 25 trial for Michigan marriage ban

Hopes dashed for quick ruling in favor of marriage rights for gay couples

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Jayne Rowse, Michigan, gay news, Washington Blade, marriage equality, same-sex marriage, gay marriage
April DeBoer, Jayne Rowse, Michigan, gay news, Washington Blade, marriage equality, same-sex marriage, gay marriage

April DeBoer (on left) and Jayne Rowse speak at a rally before the Michigan court hearing on marriage equality (Washington Blade photo by Chris Johnson).

DETROIT — A federal judge on Wednesday dashed the hopes of those seeking a quick ruling in favor of marriage equality in Michigan when he instead announced he would bring the case to trial beginning Feb. 25.

Following 60 minutes of oral arguments, U.S. District Judge Bernard Friedman declared he would hold an “expedited” trial where experts could testify on whether the state has a legitimate interest to ban same-sex marriage, denying requests from both sides to grant summary judgment. The judge granted attorneys 30 days to prepare a witness list for the trial.

“What is in dispute… is whether or not there’s a legitimate state interest, and that’s a battle of the experts,” Friedman said.

The case before the court, DeBoer v. Snyder, was filed last year by April DeBoer and Jayne Rowse, a lesbian couple in Hazel Park, Mich. They initially filed their complaint to seek second-parent adoption rights for their three children, but later amended their complaint to ask the court to overturn the constitutional ban on same-sex marriage approved by voters in 2004.

Friedman announced his decision to bring the case to trial after hearing arguments both for and against lifting the marriage ban from attorneys in oral arguments. Both sides drew on the U.S. Supreme Court decision against the Defense of Marriage Act in making their case on the constitutionality of the ban on same-sex marriage. It was the first oral arguments on marriage in federal court since the Supreme Court decisions in June.

Attorney general argues on behalf of marriage ban

Representing the state during oral arguments was Assistant Attorney General Kristin Heyse, who argued the court should deny the requests of plaintiffs in the case on the basis that Michigan’s ability to make its own decisions on domestic relations is “indisputable” following the DOMA decision.

“The relief that they request in this particular case, your honor, would require this court to usurp the same sovereign authority that governs domestic relations,” Heyse said. “This the court should decline to do.”

Carole Stanyar, one of four private attorneys representing plaintiffs in the lawsuit, made use of the DOMA decision the other way during arguments by pointing the language in the decision pertaining to children, saying the children of her clients are being harmed under state law.

“I absolutely believe, your honor, that the five justices that decided on that language were looking past that case to pass the language in Windsor to our plaintiffs, our littlest plaintiffs, to these children, to the children of gay and lesbian parents all across Michigan and all across America,” Stanyar said.

Stanyar also maintained Heyse’s interpretation of the DOMA decision is incorrect because although the Supreme Court said domestic relationships are up to the states, they can’t act in a way that’s unconstitutional with regard to the people involved.

Other cases also came into play.

Heyse maintained that Baker v. Nelson, a case seeking same-sex marriage that the Supreme Court refused to hear in 1972, provided the controlling precedent in the case. At this point, Friedman interrupted her, saying “That’s about a 40 year old case! What about Lawrence?”

But Heyse maintained the issue of homosexual relations is different than the issue of marriage, which she said is still controlled by Baker. 

Further, she pointed to two other recent district court decisions in Nevada and Hawaii that upheld bans on same-sex marriage as a result of the Baker decision. However, both decisions were rendered before the Supreme Court decisions in expanding marriage equality this June.

Urging the court to avoid ruling in favor of plaintiffs by applying a heightened scrutiny to Michigan’s law and marriage and adoption, Heyse said, “There is no fundamental right to same-sex marriage or adoption.”

Prefacing her arguments by saying they weren’t an attack on the gay people, Heyse said the electorate had a legitimate interest in approving a ban on same-sex marriage and proper venue for making a decision on both the marriage and adoption issue is through the legislative process, not the courts.

“The people of the state of Michigan should be allowed to decide when and if there should be a change in the law,” Heyse said. “In 2004, nearly 2.7 million voters chose to reaffirm traditional definition of marriage, which remains between one man and one woman. That was not a vote against the gay and lesbian community, but a vote to maintain the traditional definition.”

At one point during the arguments, Stanyar and Friedman had an exchange when the attorney said the court should rule for her client because social science indisputably says gay parents are just as fit to be parents as heterosexuals.

Friedman responded her couldn’t make a ruling on any one piece of social science alone because there may be other opinions, but Stanyar held firm, saying the state provided no affidavit to the contrary.

“At this stage in history, it is no longer debatable,” Stanyar said. “These things have been proven. They’ve been proven over and over and over again. They chose to proceed on summary judgment. They haven’t offered you any affidavit.”

Also urging the court to overturn the ban on same-sex marriage was Michael Pitt, an attorney representing Oakland County Clerk Lisa Brown.

Pitt maintained Brown, who filed her own a petition before the court in favor of overturning the marriage ban, would not “delay even one minute” to give marriage licenses to gay couples if the court allowed her to do so.

“The clerk knows, as we all do, that committed same-sex couples live together as a family, sometimes for decades, raise children together, provide financial stability for each other, help each other in time of illness, help each others’ family members and, at the end of life, they are there to provide comfort and say goodbye,” Pitt said. “These relationships define our personal autonomy, our liberties, and no law has ever trampled on these personal choices.”

Pro-gay lawyers see opportunity in trial

The judge’s decision to bring the case to trial is along the lines of what happened in the federal lawsuit that overturned California’s Proposition 8. When the case came before U.S. District Judge Vaughn Walker in 2010, he ordered that a trial would be held before issuing ruling against the referendum against same-sex marriage.

Dana Nessel, another attorney representing the plaintiff couple, said on the steps of the court after the arguments she’s disappointed in the delay, but will prepare witnesses as requested by the judge.

“Naturally, there’s some mild disappointment there,” Nessel said. “But we look forward to a trial and we look forward to the opportunity to present our experts in the case. Honestly, we have an overwhelming amount of evidence to present to the court to show that same-sex parents are every bit as good as opposite-sex parents. We know that to be the truth.”

Jay Kaplan, a staff attorney for the ACLU of Michigan, was present in the courtroom during the oral arguments and later told the Washington Blade the delay in a decision is “disappointing,” but a trial would be beneficial in the pursuit of marriage equality because the opposing side won’t be able to produce witnesses.

“I think what the judge is basically saying is he wants to make sure that whatever decision he renders can be backed up with strong facts, testimony and expertise,” Kaplan said. “When you look at the California case…proponents of marriage equality couldn’t find those people to back up those assertions. I think the same thing will happen in the State of Michigan. They’re not going to be able to find reputable studies with experts who can support denying gay couples the right to marry.”

Oakland County Clerk Lisa Brown was also present near the court after the hearing, saying she knows of gay couples are disappointed because they called her office asking if they could obtain marriage licenses there if the court ruled for marriage equality.

“Those rights are being violated, I think, and it’s very disappointing,” Brown said.

Asked by the Washington Blade if she would help with preparing with witness lists for the trial, Brown said she’s still surprised that Friedman made the decision take the case there.

“I think we’re all still kind of surprised that this is what the judge decided today,” Brown said. “He could have done this in the summer when we had a hearing. In all the scenarios that we imagined that would happen today, this was not one of them.”

Heyse had no comment in response to the Blade’s questions following the oral arguments and directed inquiries to the attorney general’s office. It didn’t respond to requests for comment.

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Congress

Lindsey Graham has passed away. Do LGBTQ people have a right to celebrate his death?

SC senator opposed marriage equality, despite speculation over sexual orientation

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The late-U.S. Sen. Lindsey Graham (R-S.C.) in 2022. (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 16.

By SPENCER MACNAUGHTON | On Sunday, the office of Lindsey Graham reported that the Republican senator and Trump ally from South Carolina died “from a brief and sudden illness.” The office said that the preliminary cause of death was a rupture of his aorta due to a hardening of his arteries.

Since then, many folks in the LGBTQ community, including a large number of Uncloseted followers, have — for better or worse — celebrated the senator’s death. When we posted the news on our Instagram page on Sunday, our followers commented:

  • “Maybe he rest in hell”—this one got 194 likes.
  • “She made sure to wait until Pride was over.”
  • “And just like that the world is a better place.”

These responses are fueled by allegations that the senator lived as a closeted gay man while supporting policies that would roll back LGBTQ rights. In 2006, he voted in support of a constitutional amendment that would have restricted marriage to only being between one man and one woman. After gay marriage became legal across the U.S. in 2015, he said “I am a proud defender of traditional marriage.” And in 2022, he told CNN he would oppose the Respect for Marriage Act and later reiterated that states should decide the issue of marriage.

Outside the Washington rumor mill, there wasn’t much evidence that Graham could be gay until 2020, when adult video performer Sean Harding wrote on Twitter that “There is a homophobic republican senator who is no better than Trump who keeps passing legislation that is damaging to the lgbt and minority communities. Every sex worker I know has been hired by this man. Wondering if enough of us spoke out if that could get him out of office?”

Harding followed up with another post, writing “If you’d be willing to stand with me against LG please let me know,” and, “So far I have two individuals who would be willing to go public and support my claims. Anyone else?”

A few days later, another anonymous sex worker came forward and made similar allegations.

But after that, there was silence, with some believing these sex workers were slapped with non-disclosure agreements (NDAs). And while at least one lawyer took to Twitter saying that he’d “be more than happy to read the NDAs and look for loopholes. For free!” nobody else came forward.

That is until earlier this week, when author Jesse James Rose posted to her Instagram that Graham had paid her for sex work prior to her gender transition. Rose wrote that “Most of you know him as the homophobic senator from South Carolina but to me he will always be the man who paid a twinky pre-transition college student a fat stack of cash to do unspeakable things to him in a hotel room while he wore red lingerie.”

This dynamic has created a complicated question for LGBTQ people: Is it appropriate to posthumously celebrate the death of a man who railed against our community and used his position of power to make our lives less equitable and less safe? Is it even more fair to criticize him if he was living a secret queer life?

Or should we go high and give his track record on LGBTQ issues a positive spin now that he’s no longer with us?

In a time where social media feels like a breeding ground for angertainment, I’ll admit that the immediacy of the response to his death at first felt intense.

At the same time, I knew I didn’t want to send thoughts or prayers to a man who tried to rip my rights away.

If the alleged NDAs that Graham handed his sex workers were legitimate, they likely evaporated after his death. So now really may be the first time people can speak their truth and offer an accurate window into the absurd hypocrisy between Graham’s public and private life.

For that, I think it’s fair game to speak candidly about the story he may have worked hard to muzzle while he was here.

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Congress

Political drama in Angie Craig’s Minn. Senate race heats up

Lesbian lawmaker running to succeed retiring U.S. Sen. Tina Smith

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U.S. Rep. Angie Craig (D-Minn.) in 2024. (Washington Blade photo by Michael Key)

After an historic and expensive July 4th fireworks display capped Donald Trump’s self-indulgent commemoration of America’s 250th birthday, voters are now watching state races explode into political pyrotechnics as Democrats fight to win majorities in Congress and Republicans plan to keep buying power.

With the midterm elections just over three months away and several primary races still undecided, most pundits predict the decline in Trump’s approval ratings will result in Democrats winning the House, if infighting doesn’t turn off voters.

Democrats’ dream of taking the U.S. Senate, however, turned into a nightmare with the scandalous Graham Platner debacle in must-win Maine. Energized party leaders hope to put on a master class in democracy as they pick a new candidate before July 27.

The hike to Senate victory is still steep. Republicans have a 53-47 advantage — meaning Democrats must win eight of 11 competitive races, including defending seats currently held in Minnesota, Michigan, New Hampshire, and Georgia, for a net gain of four seats.

LGBTQ people intent on reversing Project 2025’s prolific erasure might focus on lesbian U.S. Rep. Angie Craig’s race in Minnesota.

With the retirement of Democratic U.S. Sen. Tina Smith, The Cook Political Report’s out guru Amy Walter labeled the open seat “likely” Democrat but with only a +3-point advantage.

New York Times Polling data reporter Alex Lemonides notes that “Trump lost Minnesota by four percentage points in 2024, and Minnesotans have not sent a Republican to the Senate since the 2002 midterms, so a Republican win in the general election would buck the trend.”

But this whole election cycle is about bucking trends. With so many Democratic Socialists defeating establishment candidates, “socialist” is no longer a slur, forcing Trump to switch to the old Cold War charge of Communist!

In Minnesota, U.S. Sen. Bernie Sanders (I-Vt.)-backed candidate Lt. Gov. Peggy Flanagan is out-polling Craig, a more centrist Democrat who flipped a battleground House seat in 2018. Their primary is on Aug. 11.

Republicans are salivating over challenging Flanagan for her administrative role in the scandal that forced Gov. Tim Walz to forgo a third term and deal with widespread fraud in social programs.

Former NBC’s Sunday Night Football sideline reporter and current political podcaster Michele Tafoya has a built-in “bro” audience. The announcement of her Republican candidacy was featured on ESPN.com.

“As Minnesota’s senator, I will clean up the system, fighting corruption, ending the fraud, and protecting your tax dollars,” Tafoya said. “I will protect what’s fair and safe, standing with our law enforcement officers, deporting dangerous criminals, and keeping female sports for female athletes.”

Craig responded quickly. “Trump’s hand-picked candidate just jumped in the race for U.S. Senate,” she said on social media. “Minnesota needs a Senator who will stand up and fight for our state – and we know it won’t be MAGA Michele.”

Craig tells LGBTQ+ Freedom Fighters that she has been happy to represent Minnesota’s Second Congressional District in the U.S. House of Representatives since 2019. Now she wants to represent the entire state as a U.S. senator.

“The state of Minnesota has been so good to me and my family,” says Craig, who chose to move to the state because it would accept her family.

Craig grew up in a mobile home park in Arkansas, one of three children of a single mother. She worked her way through the University of Memphis, earning a degree in journalism, and became a reporter with the Memphis Commercial Appeal.

She has a long history of fighting for LGBTQ rights, including her own. In the late 1990s, while living in Tennessee, Craig and her then-partner, Debra Langston, adopted their first son, Joshua. Under Tennessee law at the time, only one of them could be recognized as an adoptive parent; Craig was listed as Langston’s roommate.

The birth mother wanted the couple to have Joshua, but her parents intervened, seeking to adopt him. The courts had to decide if Langston and Craig were “fit” parents. One appellate court judge objected to the boy being raised by “open, practicing lesbians,” but his two colleagues disagreed, and Langston and Craig won the precedent-setting case in 2000, albeit with lots of caveats.

“The issue in this case is not whether the members of this court approve the homosexual lifestyle or the adoption of children by homosexuals, but rather whether the adoption of this child by this prospective parent is in the child’s best interest. As in any adoption case, the determinative issue was and remains what is in the child’s best interest,” wrote Judge Alan E. Highers in his opinion concurring with the majority in ruling In re: ADOPTION OF M.J.S. in the Tennessee Court of Appeals.

By then, Craig was working in corporate communications for Smith & Nephew, a multinational maker of medical equipment, and the couple had another son, Jacob, born to Craig through alternative insemination. She and her family moved to London, where the company was based, in the early 2000s. They returned to the U.S. in 2005; Craig went to work for another medical equipment company, St. Jude Medical, in the suburbs of Minneapolis. She later said it was the least lucrative job offer she had, but she took it because she knew the area was welcoming to LGBTQ people.

Craig and Langston separated in 2006, and Craig married Cheryl Greene in California in 2008. They have four sons and three grandsons, with a fourth on the way. Greene is a former middle school teacher still involved with youth programming.

Craig worked for LGBTQ equality within her company and for statewide marriage equality in Minnesota. She also fought against an anti-marriage equality constitutional amendment in 2012, which voters rejected. The state legislature passed a marriage equality bill the following year that Gov. Mark Dayton signed into law.

In 2016, when she ran for Congress in Minnesota’s 2nd District, a Republican stronghold for more than a decade, she told the Twin Cities Pioneer Press that the fight for custody of Joshua gave her strength.

“Whether I win or lose on Election Day, I know that that won’t be the hardest thing or the biggest challenge that I’ve ever faced,” said Craig, then 44. “When you get up every day and wonder, ‘Am I going to (still) have my child the next day?’ you get pretty good at being focused on the big picture.”

“I’ve always talked about my family openly” on the campaign trail and in office, Craig, co-chair of the Congressional Equality Caucus, tells LGBTQ+ Freedom Fighters. Often at events in her district and around the state, she’ll meet someone who mentions they have an LGBTQ family member, she notes. She finds that if she listens to constituents and addresses what’s important to them, her identity isn’t an issue.

What Craig has addressed for constituents includes health care costs, such as capping the out-of-pocket cost of insulin and limiting overall out-of-pocket drug costs for people on Medicare. These came from a bill introduced by Craig and became provisions of the Inflation Reduction Act, signed into law by President Joe Biden in 2022. She also wants a public option for health insurance, an increased child tax credit, and she introduced a bill to eliminate federal taxes on Social Security benefits.

U.S. Rep. Angie Craig (D-Minn.) campaigning (Photo via Angie Craig for Minnesota)

In a June 19 SurveyUSA poll, Minnesotans say their single most important issue is inflation (39%) and cost of living, followed by health care, immigration, gas prices, and the war in Iran.

But immigration may soon jump to the front as more information leaks out about U.S. Immigration and Customs Enforcement agents shooting and killing Lorenzo Salgado Araujo during a traffic stop in Houston on Tuesday morning, July 9. Homeland Security says the father, with no criminal record, driving to work, ignored verbal instructions and tried to ram their vehicle. ICE shot him in self-defense — the same excuse ICE used on Jan. 7, 2026, when an ICE agent killed nonviolent protester Renee Good. In both instances, video footage proved ICE lied.

Also caught on tape was Craig’s angry confrontation with Republican Majority Whip Tom Emmer (R-Minn.) on the House floor the day Good was killed after Emmer supported ICE on social media. The story and her response went viral.

But Craig continues to be criticized for voting for the Laken Riley Act, named for a woman who was killed by an undocumented immigrant. It allows for undocumented immigrants to be detained or deported if they are simply accused of crimes, even nonviolent ones. Critics say she has never apologized — but she has.

In a commentary for The Minnesota Star Tribune in May, Craig wrote, in part:

“The text of the bill did not include the word deportation. I made the difficult decision to vote for it. Democrats like Sens. Mark Kelly and Ruben Gallego, Raphael Warnock and Jon Ossoff — leaders I deeply respect — all came to the same conclusion.

But as I stood side by side with protesters on the streets of Minneapolis and opposite dozens of armed Immigration and Customs Enforcement agents at the Whipple Federal Building after Renee Good’s killing — and again after the killing of Alex Pretti — I couldn’t help but question whether I made the right call last year … It’s also become clear that supporting any bill that gives ICE new authority in this administration was the wrong decision. And I regret my vote.”

“What happened under Operation Metro Surge was horrific,” Craig tells LGBTQ+ Freedom Fighters. The U.S. can secure its borders in a humane fashion while providing a path to citizenship for undocumented people, those brought here as children, and others, she adds.

On LGBTQ rights, Craig says the Equality Act has been a huge priority of hers in the House and would remain so in the Senate.

Since 2019, Craig has introduced the John Lewis Every Child Deserves a Family Act that “would ban discrimination based on sexual orientation, gender identity, religion or marital status in those programs, prohibit the use of federal funds for so-called ‘conversion therapy’ and create a resource center for LGBTQ+ foster and adoptive youth within the Department of Health and Human Services’ Administration for Children and Families,” according to a press release.

U.S. Rep. Angie Craig (D-Minn.) campaigning. (Photo via Angie Craig for Minnesota)

Another priority is passage of the John R. Lewis Voting Rights Advancement Act, named for the late civil rights activist and longtime congressman. “I was lucky enough to serve with John Lewis,” she says.

Additionally, Craig supports campaign finance reform. The recent U.S. Supreme Court ruling that further loosened restrictions was “just another blow to our democracy,” she says. She supports limits on Supreme Court terms.

On foreign policy, she condemns Trump’s war of choice in Iran. “The administration has had zero strategic objectives,” she says, adding that the war has caused “tremendous economic damage,” such as the spike in gas prices.

And though Craig supports a two-state solution to the ongoing Israel-Palestinian conflict, with Palestinians having their own state, her campaign does not accept direct donations from AIPAC’s political action committee — the pro-Israel group held fundraisers for her before her Senate announcement — another point exploited by primary opponent Flanagan.

On gender-affirming care for transgender youth, Craig says politicians should not interfere with decisions made by young people and their parents. Regarding trans girls and women in sports, she says the matter is best handled locally — and that local conversations can foster understanding.

But Craig has had a strong public reaction to federal transphobia. After that, then-U.S. Reps. Tulsi Gabbard (D-Hawaii) and Markwayne Mullin (R-Okla.) introduced the Protect Women’s Sports Act in December 2020. Craig released the following statement:

“As a lesbian woman, I am no stranger to prejudice and intolerance — but this legislation is beyond the pale. Plain and simple, the Protect Women’s Sports Act is transphobic — and this type of discrimination has no place in the halls of Congress. Especially at a time when the transgender community is suffering from a tragic rise in suicide rates and experiencing a surge of transphobic violence, such a bigoted and appalling effort is simply unacceptable. Queer and transgender women must stand together in the face of intolerance — and I am proud to do so today by emphatically denouncing this narrow-minded and hateful legislation, which is harmful not only to transgender women but to the LGBTQ community at-large.”

Craig has been endorsed by prominent LGBTQ groups, including the LGBTQ+ Victory Fund, the Human Rights Campaign PAC, Equality PAC, and LPAC. She has also been endorsed by Minneapolis Mayor Jacob Frey and St. Paul Mayor Kaohly Her, plus many nationally known political figures, such as former Transportation Secretary Pete Buttigieg, U.S. Sen. Tammy Baldwin (D-Wis.), House Speaker Emerita Nancy Pelosi (D-Calif.), and House Democratic Leader Hakeem Jeffries (D-N.Y.).

Flanagan has the endorsement of Smith and her predecessor, Al Franken, Minnesota Attorney General Keith Ellison, and, from outside the state, U.S. Sen. Elizabeth Warren (D-Mass.) and Sanders, among others. U.S. Sen. Amy Klobuchar of Minnesota and the state’s governor, Tim Walz, so far haven’t made endorsements.

“I’m ready on day one” to serve in the Senate, says Craig, noting her four terms in the House, her substantial career before going into politics, and her two votes to impeach Trump. “If we can take the House and Senate, we can put a cap on this administration.”

This is a cross-post from Karen Ocamb’s LGBTQ+ Freedom Fighters Substack.

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Congress

Lindsey Graham dies at 71

Republican SC senator passed away ‘from a brief and sudden illness’ on Saturday

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U.S. Sen. Lindsey Graham (R-S.C.) at now former Attorney General Pam Bondi's 2025 confirmation hearing. (Washington Blade photo by Michael Key)

U.S. Sen. Lindsey Graham (R-S.C.) died suddenly on Saturday.

The South Carolina Republican’s office in a statement said Graham, 71, “passed away from a brief and sudden illness.” The Washington Post reported first responders responded to Graham’s Washington home on Saturday and transported him to a local hospital.  

Graham had been in the U.S. Senate since 2002.  

The close Trump ally was running for re-election. Graham died a day after he returned to the U.S. from Ukraine.

Speculation over Graham’s sexual orientation persisted during his tenure.

The Washington Blade will update this story.

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