News
Court asked to overturn marriage bans in Nevada, Hawaii
14 attorneys general and Hawaii governor among those to file briefs.
Massachusetts Attorney General Martha Coakley, Delaware Attorney General Beau Biden and Hawaii Governor Neil Abercrombie signed briefs before the Ninth Circuit seeking marriage equality. (Photo of Martha Coakley by Fogster via Wikimedia Commons; Washington Blade photos of Biden and Abercrombie by Michael Key)
Five months after the U.S. Supreme Court issued two decisions in favor of marriage equality, a chorus of voices is calling on the U.S. Ninth Circuit to make a similar ruling on behalf of gay couples seeking marriage rights in Nevada and Hawaii.
Legal briefs were submitted to the Ninth Circuit by numerous public figures who’ve previously articulated their support for marriage equality, ranging from Hawaii Gov. Neil Abercrombie to Delaware Attorney General Beau Biden. However, the Obama administration didn’t submit a brief to the court by the deadline articulating its views of favor of same-sex marriage.
The cases before the court are Sevick v. Sandoval, a federal lawsuit filed by Lambda Legal last year seeking marriage equality in Nevada, and Jackson v. Abercrombie, a similar lawsuit filed by private attorneys seeking to overturn the ban on same-sex marriage in Hawaii. Both are on appeal before the Ninth Circuit after district courts in those states affirmed that the bans on same-sex marriage were constitutional.
Abercrombie, who previously said he wouldn’t defend the ban on same-sex marriage in court, submitted an opening brief from his lawyers on Oct. 18 that seeks permission to file an additional, more lengthy document because the lawsuit a “landmark civil rights case.”
But the 112-page brief makes initial arguments about why the ban on same-sex marriage is unconstitutional, arguing that it fails any rational basis test and laws related to sexual orientation should be subject to heightened scrutiny.
“Only legalization of same-sex marriage would allow plaintiffs, and tens of thousands of other same-sex couples in Hawaii, to ‘pursue the happiness’ and assume the mutual responsibilities — important to human ‘existence and survival’ — that are at the heart of the fundamental right to marry,” the brief states. “And only legalization will give plaintiffs the equality they so justly deserve.”
On Friday, friend-of-the-court briefs were also due before the Ninth Circuit. One high-profile brief was signed by 14 attorneys general who had previously signed a brief before the Supreme Court arguing in favor of marriage equality. Signers of the brief include Massachusetts Attorney General Martha Coakley, who’s running for governor, California Attorney General Kamala Harris and Biden.
The 32-page argues that the bans on same-sex marriage in Hawaii and Nevada are unconstitutional, among other reasons, because including same-sex couples into the institution of marriage enhances state interest and the current laws aren’t rationally related to interests in procreation or child-rearing.
“Since the founding, states have sanctioned marriages to support families, strengthen communities, and facilitate governance,” the brief states. “Because same-sex couples form families, raise children, and avail themselves of the benefits and abide by the obligations of marriage in the same manner as different-sex couples, the states’ interest in marriage are furthered by allowing same-sex couples to marry.”
The 14 states represented in the brief are California, Connecticut, Delaware, Iowa, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New York, Oregon, Vermont and Washington. D.C. Attorney General Irving Nathan also signed.
Because the cases are before the Ninth Circuit, they are the most advanced federal lawsuits on marriage equality and the closest to the Supreme Court. However, the lawsuits may not be the ones to reach the high court first because the Ninth Circuit is notoriously slow in reviewing litigation.
Both briefs from the attorneys general and Abercrombie make use the Supreme Court’s decision against the Defense of Marriage Act.
The brief filed by the attorneys generals says in a footnote that the DOMA decision has particular impact on gay couples in Hawaii and Nevada because marriage laws in those states are now preventing them from accessing the federal benefits of marriage.
“Nevada and Hawaii marriage laws now prevent same-sex couples and their families from obtaining important federal benefits and protections otherwise available to married couples,” the brief states. “This works significant and practical harm to those families and further undercuts the rationality of state laws that create two classes of state-sanctioned relationships.”
The attorneys general filed a brief before the Ninth Circuit even though they had previously articulated their views on marriage before the Supreme Court, but one party that didn’t follow suit is the Obama administration.
The Justice Department filed a friend-of-the-court brief when California’s Proposition 8 had come before the Supreme Court, arguing the ban on same-sex marriage is unconstitutional and suggesting states with domestic partnerships must allow marriage rights for gay couples.
Although Nevada and Hawaii similarly have domestic partnership registries, the Obama administration didn’t make a filing in the Nevada or Hawaii cases. The Justice Department didn’t respond to a request to comment on why no brief was filed.
Evan Wolfson, president of Freedom to Marry, nonetheless said the lack of a brief from the Obama administration isn’t of concern.
“It is not disappointing and not a problem; the Department of Justice’s conclusion that the denial if the freedom to marry violates the Constitution is clear and a matter of record,” Wolfson said.
Lambda Legal had previously said it would “welcome” a brief from the Obama administration in the Nevada case for the Ninth Circuit. In response to an inquiry about the absence of input from the Justice Department, Lambda Staff Attorney Peter Renn pointed to the friend-of-the-court briefs filed by other parties in the lawsuit.
“A total of 17 amicus briefs were filed, in support of ending the unconstitutional exclusion of same-sex couples from marriage and the real harm it does to same-sex couples and their families,” Renn said. “The Obama Administration’s support for marriage equality is already well-established, and there may be future opportunities to file amicus briefs in this case as it proceeds further.”
A number of other parties submitted friend-of-the-court briefs before the Ninth Circuit in favor of overturning the bans on same-sex marriage.
* A group of 13 political scientists filed a 39-page brief arguing the marriage bans should be overturned because laws related to sexual orientation should be subject to heightened scrutiny. Gay people, the political scientists say, should be considered a suspect class because they continue to lack political power.
“Gay men and lesbians lack political power,” the brief states. “They are underrepresented in political office; they are viewed negatively by a majority of Americans; their interests are opposed by powerful, well-funded interest groups that use ballot initiatives to try to undo the limited political successes that gay men and lesbians have achieved; and they have limited influence over their political allies.”
* Another brief was filed by the National Association for the Advancement of Colored People, which argues that the 1967 Supreme Court decision overturning state bans on interracial marriage in Loving v. Virginia applies to prohibitions on same-sex marriage.
“The basic 14th Amendment principles addressed in Loving are not limited to race,” the brief states. “To the contrary, they govern any state action that denies two consenting adults – including those of the same sex – the right to marry. While the nature of discrimination against lesbians and gay men differs fundamentally from the de jure racial segregation at issue in Loving, the legal issues addressed by Loving are analogous to the legal issues raised in these appeals.”
Other briefs were filed by Gay & Lesbian Advocates & Defenders, the American Psychological Association, the Columbia Law School Sexuality & Gender Law Clinic and the Gay & Lesbian Medical Association.
UPDATE: This article has been updated with a comment from Lambda Legal and a listing on the states that signed the brief from the attorneys general.
Delaware
New LGBTQ visitor center slated for Wilmington, Del.
The Collective to feature gift shop, queer museum, more
During Pride month this year, the Delaware Sexuality and Gender Collective (DSGC) announced plans for “The Collective,” the first LGBTQ+ visitor center in Wilmington in nearly 40 years.
“We’ve been talking about the concept of a brick-and-mortar space for a long time,” said Noah Duckett, co-founder of the DSGC.
A licensed clinical social worker, Duckett co-founded DSGC with his mother, Julissa Corianno, in 2018. Established under Sussex Pride, the DSGC serves as a hub for leaders and organizations working directly with LGBTQ+ communities throughout Delaware.
“Our vision for The Collective is a place where our community can come to learn, create, work, and be inspired,” said Corianno.
The Collective will feature a visitor center and gift shop highlighting LGBTQ-owned businesses in Delaware.
“I think that this is something that’s going to benefit our community so much,” said Duckett.
Some of the LGBTQ-owned businesses that DSGC has already partnered with include Stressed Induced Art Attack, Moonbeam Art Collaborative, Voce Coffee, Groovy Gemini Co., Scout Cafe, Macaron Social, and Huxley and Hiro.
“Specifically in Wilmington, we haven’t had an LGBTQ-dedicated space in almost 40 years,” said Duckett.
The last LGBTQ community center in Wilmington was The Griffin Community Center, which was open for only a few years in the 1990s.
“The Griffin was a community space in the ’90s, founded by our friends James and Evo, who are so incredible and have been so supportive throughout this process,” said Duckett.
Duckett said the DSGC hopes to carry on The Griffin’s legacy.
“I think now more than ever, there’s more and more spaces closing their doors. More and more spaces are losing funding, seeing reduced funding and reduced access, especially LGBTQ+ organizations and communities,” said Duckett.
The Collective will also feature Delaware’s first LGBTQ history museum, curated by queer historian Carolanne Deal.
“We don’t have any permanent displays in the state about Delaware’s queer history, and we want people to be able to access that history any day of the year, not just during Pride month,” said Deal.
With a master’s degree in art history for museum professionals, Deal has more than seven years of experience in curatorial work and hands-on collections care.
“It’s mainly going to be a graphic display with photographs, articles, and accessible text that draws people in and creates a story for the community,” said Deal.
Although the museum will not initially have an object collection, Deal said she hopes to add physical archival pieces in the future.
“Delaware has been at the forefront of a lot of queer civil rights, and it’ll be really amazing to have that enshrined in a permanent display that’s not only up for Pride month,” said Deal.
Duckett said DSGC is currently raising funds with the goal of breaking ground this summer and opening by the end of the year.
“We would love to have rent paid for, like, multiple years up front,” said Duckett.
Duckett told the Blade that fundraising efforts have reached just under $29,000 and that the organization is awaiting several major donations from community partner organizations.
However, he said DSGC continues to be denied many grants tied to federal or state funding because of restrictions on those funds being used for LGBTQ-serving organizations.
“Private and corporate donations are absolutely vital,” said Duckett.
Anyone interested in supporting the construction of The Collective can donate online or contact [email protected] for more information.
Netherlands
Tens of thousands take part in World Pride March
Event capped off two weeks of celebrations in Amsterdam.
AMSTERDAM — Tens of thousands of people on Saturday participated in the World Pride March in Amsterdam.
Outright International Executive Director Maria Sjödin and Paolo Rondelli, who in 2022 became the world’s first openly gay head of state when he became Captain Regent of San Marino, are among those who participated alongside Massachusetts state Rep. Jack Lewis and Olena Shevchenko, chair of Insight, an LGBTQ advocacy group in Ukraine, and others.
Members of D66, the centrist Dutch political party that Prime Minister Rob Jetten heads, also marched.
Jetten in February became the Netherlands’ first openly gay prime minister. He participated in the opening of the World Pride Human Rights Conference on Aug. 5 and spoke on a panel with Rondelli, former Irish Prime Minister Leo Varadkar, and other gay and lesbian current and former heads of government.
(Washington Blade video by Michael K. Lavers)
(Washington Blade video by Michael K. Lavers)
The march took place a week after hundreds of thousands of people lined Amsterdam’s canals for the city’s annual Amsterdam Pride Canal Parade.
A terrorist attack at Berlin’s Christopher Street Day on July 25 left one person dead and more than two dozen others injured.
The incident overshadowed World Pride, which began hours earlier and ended on Saturday.
Dutch authorities increased security measures in the aftermath of the July 25 attack. No incidents were reported during World Pride.
National
HRC condemns DoE removal of LGBTQ bullying data from federal survey
Organization cites rise in homophobic, transphobic policies, worse mental health outcomes
The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.
The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.
That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.
Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.
K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.
These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.
The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.
By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.
Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.
The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.
This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.
Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.
He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.
These policies have a real-world impact on trans people.
The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.
Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.
HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.
“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”
HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.
This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.
The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.
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