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Will Mich. judge make a surprise ruling for marriage equality?

Decision could immediately follow oral arguments this week

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National LGBT Bar Association, Gay News, Washington Blade

A federal judge in Michigan could issue a surprise ruling on Wednesday in favor of marriage rights for gay couples. (Image via wikimedia).

The national landscape for marriage equality could change abruptly following oral arguments in a Michigan lawsuit on Wednesday if the federal judge presiding over the case issues a decision saying gay couples should be able to wed in the state.

The U.S. District Court for Eastern District of Michigan is set to hear arguments in the case of DeBoer v. Snyder, a lawsuit filed by private attorneys that seeks to overturn the constitutional ban on same-sex marriage approved by Michigan voters in 2004.

Because requests for summary judgment were filed by both the plaintiffs and the state, U.S. District Judge Bernard Friedman could issue a decision immediately after he hears arguments in the courtroom.

Dana Nessel, one of four private attorneys representing the lesbian plaintiff couple in the lawsuit, said she’s “very hopeful” at the end of arguments Friedman will issue a ruling against the marriage ban in Michigan.

“We don’t know that that’s going to happen, but certainly, we’d be thrilled to have a resolution to this case as early as possible,” Nessel said. “This case has been pending for a very long time, and there are hundreds and hundreds, maybe thousands, of LGBT couples in this state that have been awaiting a ruling in this case.”

The case was filed in January 2012 by a lesbian couple, April DeBoer and Jayne Rowse, in Hazel Park, Mich., who were seeking a ruling granting them the ability to adopt their three children.

Michigan law has no explicit ban on gay adoption, but restricts adoptions to either single persons or married couples. Meanwhile, the Michigan marriage law restricts the state’s legal definition of marriage to opposite-sex couples. Some judges have interpreted that to mean gay couples can’t adopt because they’re unable to marry.

After Friedman reviewed the case last year, he suggested to the couple that they were actually seeking the right to marry because the right to adopt in the state was tied to marriage. The couple amended their case in March to seek marriage equality in Michigan, while still pursuing their goal of adoption rights, on the basis that the marriage ban violates the due process and equal protection clauses of the Fourteenth Amendment to the U.S. Constitution.

Jay Kaplan, a staff attorney at the ACLU of Michigan, said the judge may decide to wait beyond the day of oral arguments — perhaps indeterminately — to issue a decision on marriage, and could ultimately avoid the marriage issue altogether in his decision.

“There are many different scenarios that could happen here,” Kaplan said. “The judge could decide maybe just to focus in terms of the right to jointly adopt, and he could say that’s separate from the issue of marriage, or he could decide it’s tied to the issue of marriage and could also then decide to deny the right to marry is unconstitutional in the state of Michigan.”

It’s the first oral arguments in federal court after the U.S. Supreme Court decision striking down the Defense of Marriage Act. Presenting the oral arguments on behalf of the plaintiff couple will be private attorney Carole Stanyar. The attorney arguing in favor of the ban will likely be the lead counsel representing the state, Assistant Attorney General Kristin Heyse.

One thing to watch is whether the decision in United States v. Windsor will have bearing on the judge’s questioning or any decision he issues. Although that decision struck down a law prohibiting federal recognition of same-sex marriage, state courts and attorneys general have already drawn on the language in that decision to determine that state bans on marriage equality are unconstitutional.

Nessel said the decision will be a “tremendous benefit” in efforts to lift the ban on same-sex marriage in Michigan because of Associate Justice Anthony Kennedy’s language in the ruling expressing concern for children raised by gay couples.

“Our feeling was why talk about children being raised in same-sex households in a case that didn’t involve that at all unless Justice Kennedy specifically meant for that to apply to our case, to cases like ours,” Nessel said. “There it is. Right in the Windsor decision where it didn’t have to be. There’s no reason to talk about that unless it was meant to apply to our scenario, and we think it does.”

The ACLU of Michigan, Kaplan said, filed a friend-of-the-court brief in the case in favor of the plaintiffs along with Lambda Legal, the National Center for Lesbian Rights and the Human Rights Campaign. Prior to the Supreme Court ruling on DOMA, in December 2012 these groups urged the court to hold off on a decision on the basis that it was more “prudent” to make a decision after receiving guidance from the high court — a request the judge followed.

Another question is whether Gov. Rick Snyder, a Republican who has side-stepped the issue of same-sex marriage, or Michigan State Attorney General Bill Schuette, who has a reputation for being a conservative, will appeal a ruling in favor of same-sex marriage to the U.S. Sixth Circuit Court of Appeals. Such an appeal could mean a stay on the ability of county clerks to grant licenses to gay couples despite a ruling in favor of marriage equality.

The Michigan attorney general’s office didn’t respond to the Washington Blade’s request for comment on Schuette’s expectations for the lawsuit or whether he would appeal a ruling in favor of same-sex marriage. Joy Yearout, spokeswoman for Schuette, told the Detroit Free Press the state would defend the marriage ban in court, but wouldn’t comment on what would happen if the court ruled in favor of marriage equality.

Kaplan predicted that Schuette would make the appeal to the Sixth Circuit because the attorney general is “no supporter of LGBT equality in our state.”

“He’s indicated that he believes things should be the status quo with regard to relationship recognition the way things exist now in our state,” Kaplan said. “Chances are that he would appeal.”

Oral arguments in the case are taking place in the Michigan lawsuit amid a slew of activities throughout the country on marriage equality following the Supreme Court decision against DOMA and California’s Proposition 8. At least 35 marriage equality lawsuits are pending in 19 states.

Michael Cole-Schwartz, an HRC spokesperson, said a ruling in favor of marriage equality from the Michigan court — even if it were appealed — would be a tremendous boon to the pursuit of marriage equality across the country.

“This is one of many cases that calls into question the irrational exclusion of lesbian and gay couples from marriage and we are hopeful that as momentum builds, these darks walls of discrimination will fall,” Cole-Schwartz said.

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2026 Midterm Elections

As Washington shifts right, Democratic Socialists gain ground

Next major test for movement comes in Midwest

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New York City Mayor Zorhan Mamdani (Screen capture via NYC Mayor's Office/YouTube)

As President Donald Trump’s second administration has pushed the federal government further to the right on issues ranging from immigration to LGBTQ rights, a different political movement has been gaining momentum inside the Democratic Party.

From industrial communities in upstate New York to Colorado’s Front Range, candidates aligned with the Democratic Socialists of America (DSA) have won a series of victories in Democratic primaries this year, in several cases defeating longtime incumbents who had represented Democratic strongholds for years. Their success has reignited debate over the Democratic Party’s future, as a growing faction of progressive voters calls for a more confrontational approach to economic inequality, healthcare, housing, labor rights, climate policy, and LGBTQ protections rather than what they view as the party’s increasingly cautious establishment.

These victories also reflect a broader ideological divergence in American politics. While Republicans under Trump have embraced a more conservative governing agenda, many Democratic primary voters in safely blue districts appear to be rewarding candidates running on unapologetically progressive platforms that reject incremental change in favor of more sweeping reforms.

The Democratic Socialists of America (DSA), the nation’s largest socialist organization, says it has more than 100,000 members and chapters in all 50 states. The organization advocates what it describes as democratic socialism — promoting social and economic equality through democratic government while supporting a larger public role in healthcare, housing, labor protections, education, and other social programs alongside a regulated market economy.

On its website, the DSA explains its goals are to utilize “progressive movements for social change while establishing an openly democratic socialist presence in American communities and politics.”

For LGBTQ Americans, the organization has long supported expansive nondiscrimination protections, marriage equality, transgender rights, and broader legal protections through a platform first adopted in 2017. Its LGBTQ policy calls for federal legislation prohibiting discrimination, expanded access to gender-affirming healthcare, reproductive freedom, and opposition to laws targeting LGBTQ people.

The movement’s biggest victories came in New York.

Just months after the election of New York City Mayor Zohran Mamdani, a democratic socialist, candidates backed by the DSA and allied progressive organizations swept Democratic primary elections that many political observers viewed as a referendum on the party’s ideological direction.

Among the most notable victories were Brad Lander’s defeat of incumbent Rep. Dan Goldman in New York’s 10th Congressional District, Claire Valdez’s victory over Brooklyn Borough President Antonio Reynoso in the 7th District, and Darializa Avila Chevalier’s upset of five-term incumbent Rep. Adriano Espaillat in New York’s 13th Congressional District.

Overall, nine of the 10 New York City candidates backed by the DSA won their Democratic primaries, further cementing the organization’s growing influence in the nation’s largest city and demonstrating that democratic socialist candidates can compete beyond isolated local races.

Outside New York, the trend continued.

In Colorado, Melat Kiros defeated 15-term incumbent Rep. Diana DeGette in one of the cycle’s biggest primary upsets. Kiros campaigned without accepting corporate PAC contributions and criticized DeGette’s fundraising practices and foreign policy positions, presenting herself as an alternative to the Democratic establishment.

While socialist movements have existed in the United States for more than a century, democratic socialism remained largely on the political margins for decades. That began to change following Sen. Bernie Sanders’ presidential campaigns in 2016 and 2020, which introduced millions of Americans to democratic socialist ideas and energized a younger generation of progressive activists.

Although Sanders never won the Democratic nomination, his campaigns helped reshape the party’s left flank by elevating issues such as universal healthcare, tuition-free public college, stronger labor protections, and economic inequality into the mainstream Democratic conversation.

Today, the movement’s most recognizable elected officials include Rep. Alexandria Ocasio-Cortez and several members of the congressional “Squad,” who have helped normalize the democratic socialist label among younger Democratic voters and increasingly challenged party leadership from the left.

For LGBTQ voters, democratic socialist candidates have frequently positioned themselves among the Democratic Party’s strongest advocates for transgender rights, particularly as the Trump administration has sought to restrict access to gender-affirming healthcare, military service, and other legal protections for transgender Americans.

The next major test for the movement may come in the Midwest.

In Michigan, progressive candidate Abdul El-Sayed is locked in a closely watched Democratic Senate primary, while in Wisconsin, DSA-backed Francesca Hong is seeking her party’s nomination for governor. The outcomes of those races could offer another measure of whether democratic socialism’s recent gains represent a lasting realignment within the Democratic Party or are concentrated primarily in deep-blue urban districts.

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In Trump’s divided America, Michael Weinstein’s AHF responds

PART 1 | Group helps Venezuela, president on Democratic Socialists, Fla. march

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(Photo courtesy of AIDS Healthcare Foundation)

As the United States of America acknowledges her 250th birthday, too many Americans are partying with fewer family and friends because their wallets and their patriotic hearts just aren’t in it. Meanwhile, the president is using taxpayer dollars to finance ugly pet projects, and a war of choice with Iran that no one wants, and Congress didn’t authorize, while We the People just watch an uncontrolled Trump train speeding through American lives.

Theoretically, this is nothing new. Since the nation’s founding in 1776, individuals have struggled with where to place their allegiance to best uphold their personal freedom and protect the collective unity of the country.

But now the simple democracy-project premise “of the people, by the people, and for the people” has been upended and subverted by Donald Trump, the amoral corrupt 47th president who is using the once independent Justice Department to bypass “due process” and pursue retribution against his enemies — especially around his baseless 2020 election claims — while rewarding his Jan. 6 army of criminal loyalists with pardons and a proposed $1.8 billion “anti-Weaponization” slush fund, now temporarily blocked by a federal judge.

There have been amoral and ineffectual presidents in the past, as well as arrogant presidents who wielded power inhumanely, such as Andrew Jackson, who defied the Supreme Court and oversaw the Indian Removal Act, and Rutherford B. Hayes, who pulled troops out of the South, effectively ending the post-Civil War Reconstruction era. And there have been dangerous, outright liars like Richard NixonLyndon Johnson, and Warren G. Harding, whose Teapot Dome Scandal in his administration may have killed him.

But American history has never seen such a profoundly corrupt con artist who has taken over the federal government, installing ideological autocratic loyalists intent on expanding Trump’s power in the Supreme Court and Congress — the second and third branches of government intended to provide checks and balances to an overreaching Executive.

And now, in allegiance to White Supremacy and Christian Nationalism, Trump is trying to claim the right and power to decide who gets to claim citizenship, how he can pre-determine the outcome of elections through gaslighting and disinformation, and how he can make American residents afraid and silently complicit by not challenging his blatant racism, sexism, and transphobia.

New York Times columnist M. Gessen writes: “Read the Supreme Court’s recent ruling on transgender athletes — the majority’s decision, written by Justice Brett Kavanaugh, and the dissent, written by Justice Sonia Sotomayor — and you will see the members of the court arguing about something more fundamental than the law. They are arguing about who should be seen, whose story ought to be heard, and who deserves to be protected.”

AIDS Healthcare Foundation co-founder and President Michael Weinstein might add that deciding who lives and dies is fundamental, too. The nonprofit is the world’s largest provider of HIV medical care, cutting-edge medicine, and advocacy regardless of ability to pay with 3 million in care and 50 countries served.

AHF has a history of acting quickly with coalitions when there is a need. For that, Weinstein was honored by the Los Angeles Urban League on June 24 with the John W. Mack Legacy Award during the annual Whitney M. Young Jr. Awards Celebration.

“The Los Angeles Urban League is proud to present the John W. Mack Legacy Award to Michael Weinstein — transformative leader, fearless advocate, and champion for health equity and human rights,” they wrote in their announcement on Facebook.

“As founder and president of AIDS Healthcare Foundation, Michael Weinstein has led one of the largest global HIV/AIDS medical care providers in the world, expanding access to treatment, housing, prevention, and advocacy for underserved communities. His bold leadership has saved lives while challenging stigma and systemic inequities in healthcare,” they continued.

“For decades, he has stood at the intersection of public health and social justice — building systems of care that affirm dignity, expand access, and ensure that the most vulnerable are not left behind. His unwavering advocacy reflects the very principles that guide the Los Angeles Urban League’s mission: advancing equity, protecting opportunity, and strengthening communities,” they said. “In many ways, his work echoes the legacy of Whitney M. Young Jr. — courageous leadership rooted in policy, partnership, and a belief that justice must be both spoken and enacted.”

Interestingly, on June 24, the night the Urban League celebrated Weinstein as “a leader whose impact continues to shape a more just and compassionate future,” two consecutive 7.2 and 7.5 magnitude earthquakes struck northern Venezuela, killing and injuring thousands.

Interim President Delcy Rodríguez later called the earthquakes the “most brutal natural catastrophe” in Venezuela’s history.

In a horrific twist of fate, the BBC reported that ICE had deported more than 140 Venezuelans back to their home country on June 24, where they were housed in a hotel near the coast. The massive quakes struck there hours later, killing at least 2,200 people, injuring more than 10,000, and, according to UN figures, leaving 50,000 missing.

On July 2, the Venezuelan government estimated that 2,295 people died in the earthquakes, with another 11,000 injured.

“However, that’s believed to be a vast undercount. Gianluca Rampolla del Tindaro, the United Nations’ humanitarian coordinator for Venezuela, said the organization was procuring 10,000 body bags. And U.N. emergency relief coordinator Tom Fletcher called an estimate of 50,000 missing people ‘terrifyingly plausible,’” PBS reported.

Remember when Trump said the U.S. will ‘run’ Venezuela after capturing Maduro in surprise military strike?

Meanwhile, the Associated Press reported that Immigration and Customs Enforcement arrested 10,000 people over a five-day period at the end of June — that’s roughly 2,000 arrests per day — continuing Trump’s mass deportations agenda. No news about where they might be sent.

Supplies for Venezuela arriving. (Photo courtesy of AHF)

But while Trump is wildly spinning about his Fourth of July plans, AHF is in Venezuela, actively helping those in desperate need.

“The number of fatalities continues to rise, and many shelters have been set up in public spaces to help those in need. Hospitals and morgues are working tirelessly beyond their capacity, demonstrating the community’s resilience. Fortunately, international rescue teams have arrived, offering much-needed assistance to recover those still trapped in the debris. Venezuela’s government response has been uncoordinated, poor, and delayed, influenced by political interests,” AIDS Healthcare Foundation Latin America Bureau Chief Patricia Campos wrote to Weinstein on June 29.

(Photo courtesy of AHF)

“Despite the communication challenges, our team from AHF Colombia has been communicating with 600 of the 1080 of our patients in care who live in Venezuela. We are continuing to search for the 480 others to be sure they are alive or to support them,” Campos concluded, noting that AHF´s Emergency Aid supplies arrived with 11/13 Foundation and distribution was underway.

In an hour-long Zoom interview, Weinstein talked about a number of issues, including his long association with U.S. Sen. Bernie Sanders (I-Vt.), a self-described Socialist, and the New York races that just yielded three Democratic Socialist candidates (Part 1) and his long, successful fight against Florida Gov. Ron DeSantis’s HIV/AIDS cuts (Part 2).

Check out the video interview here.

“Well, as a native New Yorker,” Weinstein says, “the election in New York is a clash between the corporate Democrats and, particularly, a younger generation, with the exception of Bernie. It’s an epic change, right? And I would say that younger people who powered this (New York Mayor) Mamdani, AOC (New York Congresswoman Alexandria Ocasio-Cortez), and the rest of the movement do not feel that they have a stake in the system the way it is, right? And so, they’re willing to look at more radical answers.

“And this really is similar to the 1930s, you know, whereby when [President Franklin D.] Roosevelt came to office, who was a blue blood, right? He basically said, ‘in order to save the system, we have to move in the direction of socialism.’ He may not have called it that, but that’s essentially what it was,” Weinstein says.

“I mean, the model for democratic socialism is essentially Scandinavian and Northern European countries, right? Which is, essentially, a capitalist system that has a strong safety net, or basically says, ‘we’re going to tax the rich heavily in order to maintain a minimum level of existence for everyone.’

“So that’s basically what Bernie is espousing, and what Mamdani and others are espousing. And I don’t take too seriously … the characterizations that Trump has of them being Communist, et cetera, et cetera.”

Weinstein, longtime Latina activist Dolores Huerta, and an expected crowd of thousands in an AHF-created coalition are participating in a We The People March for Freedom in Trump’s Florida backyard on July 3.

“At a time in our nation when healthcare is being rationed, and rents are outpacing wages, teachers are working second jobs, and rural hospitals are closing, we must continue to stand up for what’s right for all Americans. July 4, 2026, marks 250 years since the Declaration of Independence. The We the People March for Freedom is not just an event to celebrate this document or its declaration of independence, but the night before the fireworks, to remind America what and who it’s for,” stated Esteban Wood, AHF director of advocacy and legislative affairs and March for Freedom coordinator.

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

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Buttigieg says false report temporarily separated him from his children

Michigan State Police corroborated his account

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Pete Buttigeig (Washington Blade file photo by Michael Key)

Former Transportation Secretary Pete Buttigieg on Friday recounted being separated from his children following an anonymous police report later determined to be false.

The openly gay former mayor of South Bend, Ind., and current 2028 presidential contender was accused of posing a danger to his children and was not allowed to be with his four-year-old twins until after interviews were conducted.

Buttigieg went public with this account on his Substack, sharing how a woman anonymously — and falsely — accused him of posing a danger to his children.

“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”

Michigan State Police spoke to the BBC following Buttigieg sharing his story.

“The Michigan State Police and Child Protective Services responded and determined the report was false.”

The statement also went on to explain that these types of false reports were “dangerous” and divert “workers from responding to legitimate emergencies and protecting vulnerable children and families.”

In that post recounting the ordeal, Buttigieg continued, saying that it was “among the darkest hours of my life,” and pointed out that his children should not be subjected to this type of harassment as a circumstance of his own place in the national political spotlight.

“They are four years old. Four. They do not know or care what a Democrat or a Republican is.”

He finished his post:

“We cannot let American politics keep going in this direction. And we must not all go on as if it’s acceptable for this kind of thing to be part of the cost of entering public service.”

“Most importantly, Chasten and I will continue to pour ourselves into the joyful and demanding work of raising and educating our two children. Being their parents is the best thing in our lives. They are just children, kids who deserve the best upbringing that their parents can provide, who mean more to us than anything, whom we love beyond words and will do anything to protect, and whose right to a safe and happy childhood deserves absolute and unconditional respect.”

In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:

“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”

Buttigieg was transportation secretary during the Biden-Harris administration.

The Washington Blade reached out to Michigan State Police to ask if any disciplinary actions would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. the story will be updated as new information is shared.

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