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.
National
LGBTQ Catholic groups slam Trump over pope criticism
‘Moral truth and compassion always overcome ignorant hate’
LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.
Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)
Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”
Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.
“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.
Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”
“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”
DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.”
“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”
Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.
“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”
Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.
“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”
“It’s such an imperialistic world view,” she added.
Leo ‘is the real peacemaker’
The College of Cardinals last May elected Leo to succeed Pope Francis after his death.
Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.
Francis made him a cardinal in 2023.
Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.
“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”
The White House
Grindr to host first-ever White House Correspondents’ Dinner party
App’s head of global government affairs a long-time GOP-aligned lobbyist
Gay dating and hookup app Grindr will host its first-ever White House Correspondents’ Weekend party on April 24.
The event is scheduled for the night before the White House Correspondents’ Dinner, an annual gathering meant to celebrate the First Amendment, honor journalism, and raise money for scholarships.
The White House Correspondents’ Dinner is organized by the White House Correspondents’ Association, a group of journalists who regularly cover the president and the administration.
An invitation obtained by the Washington Blade’s Joe Reberkenny and Michael K. Lavers reads:
“We’d be thrilled to have you join us at Grindr’s inaugural White House Correspondents’ Dinner Weekend Party, a Friday evening gathering to bring together policymakers, journalists, and LGBTQ community leaders as we toast the First Amendment.”
The Blade requested an interview with Joe Hack, Grindr’s head of global government affairs, but was unable to reach him via phone or Zoom. He did, however, provide a statement shared with other outlets, offering limited explanation for why the company decided 2026 was the year for the app to host this event.
“Grindr represents a global community with real stakes in Washington. The issues being debated here — HIV funding, digital privacy, LGBTQ+ human rights — are daily life for our community. Nobody does connections like Grindr, and WHCD weekend is the most iconic place in the country to make them. We figured it was time to host.”
Hack said the company has been “well received” by lawmakers in both parties and has found “common ground” on issues such as HIV funding and keeping minors off the app. He credited longstanding relationships in Washington and what he described as Grindr’s “respectful” approach to lobbying.
Hack, a longtime Republican-aligned lobbyist, previously worked for several GOP lawmakers, including U.S. Sens. Deb Fischer (R-Neb.), Jon Kyl (R-Ariz.), George Voinovich (R-Ohio), Bill Frist (R-Tenn.), and U.S. Rep. Randy Forbes (R-Va.).
According to congressional disclosure forms compiled by OpenSecrets, Grindr spent $1.3 million on lobbying in 2025— more than Tinder and Hinge’s parent company Match Group.
“This is going to be elevated Grindr,” Hack told TheWrap when describing the invite-only party that has already generated buzz on social media. “This isn’t going to be a bunch of shirtless men walking around. This is going to be very elevated, elegant, but still us.”
He also pointed to the company’s work on HIV-related initiatives, including efforts to maintain federal funding for healthcare partners that distribute HIV self-testing kits through the app.
The event comes at a particularly notable moment for an LGBTQ-focused connection platform to enter the Washington social circuit at a high-profile political weekend, as LGBTQ rights remain under constant attack from conservative lawmakers, particularly around transgender healthcare, sports participation, and public accommodations.
Tennessee
Charlie Kirk Act advances in Tenn.
Bill would limit protests, protects speakers opposing ‘transgender’ identities
The Tennessee legislature has passed Senate Bill 1741 / House Bill 1476, dubbed the “Charlie Kirk Act,” which, if signed by Republican Gov. Bill Lee, would reshape how public colleges and universities regulate speech on campus.
The measure targets all public higher education institutions and requires them to adopt a “free expression” policy modeled on the University of Chicago’s framework. That framework emphasizes that universities should not shield students from controversial or offensive ideas and requires state schools to formally embrace institutional neutrality — meaning they do not publicly take a stance on political or social issues.
Under the legislation, publicly funded schools cannot disinvite or cancel invited speakers based on their viewpoints or in response to protests from students or faculty. Student organizations, however — like Turning Point USA, an American nonprofit that advocates for conservative politics on high school, college, and university campuses, founded by Charlie Kirk, and often lack widely represented liberal counterparts — would retain broad authority to bring speakers to campus regardless of controversy.
The law includes broad protections for individuals and organizations expressing religious or ideological beliefs, including opposition to abortion, homosexuality, or transgender identity, regardless of whether those views are rooted in religious or secular beliefs. It further prohibits public institutions from retaliating against faculty for protected speech or scholarly work.
The bill, which has been hailed by supporters as an effort to “preserve campus free speech,” ironically also limits protest activity. Shouting down speakers, blocking sightlines, staging disruptive walkouts, or physically preventing entry to events are now considered “substantial interference” under the legislation, making those who engage in such actions subject to discipline.
Some of those disciplinary consequences include probation, suspension, and even expulsion for students, while faculty who protest in ways deemed to violate the policy could face unpaid suspensions and termination after repeated violations.
Supporters of the bill argue it strengthens free expression on campus. State Rep. Gino Bulso (R-Brentwood), the bill’s sponsor, said it reinforces a commitment to “civil and robust” debate at public universities.
“The Charlie Kirk Act creates critical safeguards for students and faculty and renews the idea that our higher education institutions should be centers of intellectual debate,” Bulso told Fox 17. “This legislation honors the legacy of Charlie Kirk by promoting thoughtful engagement and defending religious freedom.”
Critics, including Democratic lawmakers, have raised concerns that the legislation effectively elevates certain ideological viewpoints — particularly those tied to religious objections to LGBTQ identities — while exposing students and faculty to punishment for protest or dissent.
“It’s ironic that this body is talking about free speech when we had professors in Tennessee schools expelled and suspended when they did not mourn the death of Charlie Kirk — when they said that his statements were problematic and that the way he died did not redeem the way he lived,” state Rep. Justin Jones (D-Nashville) told WKRN.
Kirk, the right-wing activist and founder of Turning Point USA, for whom the bill is named, was assassinated in September 2025 at a public event at Utah Valley University. His legacy and rhetoric remain deeply polarizing, particularly among LGBTQ advocates, who have cited his history of anti-LGBTQ statements in opposing his campus appearances.
The bill now heads to Lee’s desk for his signature.
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