News
10 years later, Goodridge decision still seen as milestone
Advocates see path for nationwide marriage equality in another decade
Mary Bonauto litigated the case that brought marriage equality to Massachusetts 10 years ago. (Washington Blade photo by Michael Key)
Ten years have passed since marriage equality came to the first state in the nation following a historic decision by the Massachusetts Supreme Court, helping to usher in swift change in attitudes and law around gay and lesbian couples.
On Nov. 18, 2003, the Massachusetts Supreme Court handed down a 4-3 ruling in the case of Goodridge v. Department of Public Health, bringing marriage equality to the Bay State.
“The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry,” the decision states. “We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals.”
Despite efforts from then-Gov. Mitt Romney to limit the ruling to civil unions and enact a constitutional amendment to rescind the decision, supporters of the ruling won the day and marriage equality has remained the law of the land in Massachusetts.
Mary Bonauto, who litigated the Goodridge case on behalf of Gay & Lesbian Advocates & Defenders and now serves as civil rights director there, said on the 10th anniversary of the decision the ruling “broke a historic barrier that we have never been able to overcome.”
“And it did so in the shared values of our constitution that we all believe in equality and we don’t have second-class citizens in this nation under the law,” Bonauto said.
The magnitude of the decision was bolstered, Bonauto said, six months later by the same-sex couples who went to the altar to marry.
“Now you had principle and you had reality working together, and all this freedom and equality from the court, and the you saw the joy in couples who finally were able to marry,” Bonauto said. “I think actually having couples marry was profound. It had to happen somewhere, somebody had to be first.”
Evan Wolfson, an early proponent of marriage equality and current president of Freedom to Marry, said having same-sex marriage legal someplace in the country was transformational for the movement.
“The breakthrough we were always working for in those early years was to make it real somewhere because we knew that once people had a chance to see with their own eyes families helped, and no one hurt, the opposition and resistance and fears would begin to subside, and we could build on that win to the rest of the wins still needed,” Wolfson said.
But the victory in Massachusetts, followed by then-San Francisco Mayor Gavin Newsom’s decision to distribute marriage licenses to gay couples, was met by a significant roadblock in the 2004 election when 11 states adopted constitutional amendments banning same-sex marriage. President George W. Bush won re-election after making support for a U.S. constitutional amendment banning same-sex marriage a prominent part of his campaign.
Pointing to political analysis debunking the notion that the marriage issue drove voters to the polls to re-elect Bush, Bonauto expressed skepticism that the ruling led to the win for Republicans in the 2004 election.
“The way this all got started, I think, people were putting two-and-two together about moral values, and the 22 percent of voters had stated that their most important consideration was ‘moral values,’ and the 11 amendments,” Bonauto said. “In the exit polling and so on about what this moral values means, for a great many people it meant the Iraq war. So it wasn’t even clear that the moral values voters were Bush voters.”
Bonauto said when she filed the case in 2001, 36 states already had statutory bans on same-sex marriage in response to advancing efforts to legalize same-sex marriage in Hawaii in the 1990s.
“From my perspective, it wasn’t really so much a backlash as a continued lashing,” Bonauto said. “People who had already taken steps to be very explicit about marriage bans, the only place they could go, continue to hone their political credentials, was to be even more draconian, and so that’s what happened by and large.”
Referencing a speech he delivered prior to Election Day of that year, Wolfson said the win in Massachusetts still trumped the losses at the ballot box in 2004 because it was still progress from the status quo.
“Even in 2004, I was on record before the election as saying that any year in which we endured some anti-gay attacks, but won marriage was a winning year because wins trump losses,” Wolfson said. “We would use the power of the win to overcome the temporary barriers erected in our losses, and that’s precisely what we are doing.”
It wasn’t until 2008 when other states would follow suit after courts in Connecticut and California ruled in favor of marriage equality, although the victory in California was (until recently) abrogated several months later by the passage of Proposition 8.
Now 16 states and D.C. are poised to have marriage equality on the books in the same year that the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act, which prohibited federal recognition of these unions.
The ruling against DOMA at the Supreme Court was coupled by a decision from justices that restored marriage equality to California. In the months that followed, the New Jersey Supreme Court has instituted marriage equality in the Garden State and state legislatures in Illinois and Hawaii have extended marriage to gay couples. At any time, the New Mexico Supreme Court could hand down a ruling in favor of marriage equality as a result of pending litigation.
M.V. Lee Badgett, research director at the Williams Institute, estimated about 100,000 gay couples have married since the Goodridge decision 10 years ago, but the effect of having marriage equality in Massachusetts and other places goes far beyond numbers.
“It will take a while for researchers to analyze and publish more detailed findings on the effects of the ability to marry and of actual marriage,” Badgett said. “One early study showed that same-sex couples in Massachusetts feel more social inclusion, and one sample of gay men showed lower health care costs and health care utilization. In California we’ve seen that psychological health is better for same-sex couples who marry or had domestic partnerships.”
Wolfson said the growth of marriage equality in the country is noteworthy in many respects, including in terms of percentages.
“As we celebrate the end of this big year, we now have 38 percent of the American people living in a freedom to marry state, up from zero a decade ago,” Wolfson said. “Gay people can share in the freedom to marry in 18 countries, in five continents, up from zero virtually a decade ago. That, by any standard, is enormous progress and real momentum, but we have to finish the job.”
Reflecting back on the decision 10 years ago, Bonauto said she hoped at the time this much change would happen a decade later, but confessed “there were times that I certainly wasn’t sure.”
“I had always hoped that the arc for us would be what it was in some ways for interracial marriage, where courts rebuff and rebuff and rebuff, and then in 1948 the California Supreme Court struck down the interracial marriage ban,” Bonauto said. “More states repealed those after the California ruling, so that 19 years later when the Supreme Court decided Loving v. Virginia, Virginia was only one of 16 states that had such bans.”
During a news conference held on the same day as the 10th anniversary of the Goodridge decision, White House Press Secretary Jay Carney also noted progress made in the past decade in response to a more general question on LGBT rights.
“I think that anybody who looks at LGBT rights and the road travelled in this country just in the past decade would rightly be pleased by the significant progress that’s been made, even as we acknowledge that more work needs to be done, more progress need to be done,” Carney said.
Carney later told the Blade via email he wasn’t making a direct reference to the Goodridge decision, but his comments were meant “just as a broad reference to the progress made over the last decade.”
And hopes continue for a brighter future as advocates anticipate one of the pending federal lawsuits in 20 states across the country will make its way to the Supreme Court, delivering a ruling in favor of same-sex marriage nationwide in less than 10 years. Following the Supreme Court rulings in June, Chad Griffin, president of the Human Rights Campaign, said marriage equality will reach the entire nation within five years.
Bonauto said she hopes the Supreme Court will settle the marriage issue once and for all, but isn’t completely sure which way the justices would rule and emphasized hard work is necessary for a favorable outcome.
“I think we have to work with the same intensity that we have up to this point and hopefully the Supreme Court will settle the issue, and then if for some reason it does not, which I think would be extremely unfortunate, I just think we have to continue doing what we’ve been doing state by state,” she said.
Freedom to Marry has prepared a “Roadmap to Victory” in anticipation of a Supreme Court decision that entails winning more states and building support for same-sex marriage in nationwide polls. Eyes will be on Oregon in 2014 to see whether it will reverse a constitutional ban on same-sex marriage at the ballot.
Wolfson said he “absolutely” believes that supporters of same-sex marriage will be able to finish the job.
“The good news for us is the same winning strategy that brought us to this point of momentum is the strategy that is going to bring it all home,” Wolfson said.
District of Columbia
Sinners and Saints bar vandalized in suspected anti-LGBTQ hate crime
Blade spoke with General Manager Blair Nixon after incident
On Thursday, shattered glass, broken doors, and homophobic slurs were discovered in the entryway of Adams Morgan queer bar Sinners and Saints (2309 18th St. N.W.) Images of the destruction were posted to the bar’s Instagram, and news of the break-in began to spread.
The Washington Blade sat down with one of the co-partners and general manager of Sinners and Saints, Blair Nixon, to discuss the break-in and the overwhelming response from the LGBTQ community.
“Our door was broken-so the glass was shattered,” Nixon told the Blade when describing the damage done to the space. “They wrote a slur on our wall, and unfortunately-we’re not sure to the extent that it was, but there’s a bunch of inventory missing from our liquor closet. It does seem like it was targeted because of what they wrote on the wall.”
Nixon, who has been with Washington’s only QTBIPOC (queer, trans, Black, Indigenous, and people of color) bar since its opening last August, explained that upon learning of the break-in, fear was his first reaction.
“It was really scary,” Nixon said. “To know that somebody was in our space, vandalizing it-it was very scary and honestly, devastating.”
He went on to say that if it weren’t for the restaurant above Sinners and Saints, La Grotta, they wouldn’t have known until hours later.
“We found out because of the restaurant upstairs that we’re partnered with,” he said. “The electricity to the entire building was turned off-including apartments and the restaurant above us. Whoever broke in went into the closet that’s outside of the building and turned the electricity off to the entire building. When the restaurant owners got there, they tried to figure out why there wasn’t any electricity. They went downstairs and saw the shattered glass, the door broken, and the slur on the wall.”
Once Sinners and Saints staff arrived to survey the damage, they posted the images to their Instagram and called the Metropolitan Police Department. Nixon was grateful for both MPD and the Mayor’s Office of LGBTQ Affairs’s quick reaction.
“We were really happy with the response,” Nixon said. “The mayor’s office reached out relatively quickly, and I had a conversation with them, and the police came shortly afterwards, and they did a really good job. So we’re very appreciative of the response. They took a statement, they looked at the damage, took photos of everything, and made a report.”
“They actually sent, like, the entire department,” he added. “There were multiple police officers, multiple detectives, and the LGBTQ liaison came a little bit later. In general, I just really appreciated the response overall.”
The Blade obtained a copy of the filed police report, which described the break-in as a felony-more specifically, MPD considered it a second-degree burglary. MPD’s report also classified the break-in and subsequent graffiti as having “a hate bias or motivation” against sexual minorities who own and frequent the bar.
Unfortunately, there were no cameras on the premises at the time of the break-in, which MPD estimates happened sometime between 2-6 p.m., but Sinners and Saints were able to obtain footage from nearby businesses.
“We did have some camera footage from the hostel next door, and we submitted that to law enforcement,” he said. “We’re just going to let them do their investigation, and I don’t want to make any suppositions about what might have happened.”
When asked what he believed motivated the assailant(s), Nixon didn’t offer a definitive answer. He suggested it was likely someone hostile to LGBTQ businesses in Washington but assured the Blade that Sinners and Saints would not back down-and that the LGBTQ community stands firmly behind them.
“I don’t want to make any statements about what we think happened. We’re going to let the police do their job. But, as the only QTBIPOC bar in D.C., I think it’s important to note that we’re still here. We’re not going to close. We appreciate the support of our community, and I think that overall, it’s really important that we’re a safe space for the underserved and marginalized communities in D.C. Given that D.C. has, you know, one of the largest queer populations-but there aren’t very many spaces for the communities that we serve-we’re very proud to serve those communities. And we aren’t going to stop.”
Nixon had one critique for MPD, but was overall with their quick response.
“We hope that law enforcement would have a greater presence in Adams Morgan,” he said. “I think that, especially from talking to other establishment owners and bar owners, there’s definitely been some increased issues in Adams Morgan, and we hope that that doesn’t continue. We talked to the Mayor’s Office about it and to the police when they came-to have a greater presence in Adams Morgan.”
Since its opening, Nixon said the support from the QTBIPOC and broader LGBTQ community felt strong-but now, after the break-in, that connection has only grown stronger.
“We opened in August of last year, and we think that D.C. in general has really responded to our mission, and the community has really shown up for us-just like the same way that we’ve shown up for them.”
That community support for Sinners and Saints, Nixon said, extends past the diverse group of QTBIPOC people buying shots and tipping 20 percent nightly. Some of the city’s LGBTQ organizations showed up, offering to help. One of those community members who reached out owns a popular gay bar just up 18th Street.
“The response has been really strong, and we definitely appreciate the support. A few of the other LGBT bar owners in Adams Morgan actually stopped by in person. We really appreciated that Dave Perruzza from Pitchers came by, and just in general that the community has been rallying around us.”
On Thursday night, Sinners and Saints opened as planned and hosted their “Sapphic Sailor Moon” party. Despite the break-in, the LGBTQ community came out to support them.
“I was working-actually bartending,” Nixon said. “I wasn’t originally supposed to be working, but I thought it was important for all the partners to be there. So everyone that’s involved in Sinners and Saints’ leadership team came out. Obviously, we were dealing with the incident, but being there the entire night, we thought that the response from the community was really strong. We wanted to make sure that we posted on social media the fact that we were still open, because a lot of people were contacting us and asking if we were going to be continuing on, if we were going to close. We thought it was really important to make sure that we were there and still open and still available.”
That community, Nixon said, includes members of the LGBTQ population who are often overlooked-which makes the attack on a space intentionally dedicated to them-particularly trans people and people of color-even more painful.
“I think that DC in general, as one of the cities with the biggest queer populations, has adopted the LGBT community in general-and it’s great. However, the adoption of people of color and the overall QTBIPOC community, you know, our trans community, hasn’t been the same. It’s super important to us to make sure that that community is protected and that there are safe spaces for them, and that’s what our core mission is. We never want that to stop. The most important thing is that the safe space for those marginalized and underrepresented communities continues. And I would hope that the acceptance of the community that we serve continues-and is just as important as the acceptance of the LGBT community as a whole.”
If you have any information about the break in, please contact MPD at (202) 727-9099. Sinners and Saints has set up a GoFundMe page for repairs. It can be accessed here.
India
Indian Supreme Court orders government to reconsider trans blood donor policy
Transgender people, MSM ineligible to donate under 2017 guidelines
The Indian Supreme Court on May 14 ordered the central government to consult experts and address policies that label transgender people as “high-risk” blood donors, a designation rooted in assumptions rather than scientific evidence.
“Are we going to brand all transgender individuals as risky and stigmatize them?” said Justices Surya Kant and Nongmeikapam Kotiswar Singh. “You cannot say that all transgender individuals are indulging in sexual activity.”
These restrictions stem from guidelines that the National Blood Transfusion Services, under India’s Health and Family Welfare Ministry, issued on Oct. 11, 2017. The regulations categorize trans people, men who have sex with men, female sex workers, IV drug users, and those with multiple sexual partners as ineligible to donate blood due to presumed risks of HIV, Hepatitis B or C, and require clearance by a medical officer.
The justices considered a petition that contested the constitutional validity of Sections 12 and 51 of the guidelines.
Solicitor General Aishwarya Bhati, representing the central government, stated the rules, which the National Blood Transfusion Council’s panel of medical experts crafted, aimed to prioritize public health and safety without intending to stigmatize any group. The justices during the hearing noted barring trans people from donating blood reinforces their social exclusion, questioning whether these restrictions deepen existing societal biases.
“Just think of something that such feeling does not come, and health standards are not compromised,” they said, granting the government time to address these concerns while maintaining medical safety.
The justices further observed that evolving times and emerging medical technologies offer solutions to screen blood donations for infections without excluding entire groups, allowing broader participation in civic programs.
Bhati said she would relay the court’s recommendations to medical experts for consideration. She explained that donated blood goes directly to blood banks, critical for thalassemia patients and other vulnerable groups who depend entirely on these supplies for their survival.
“As a group, transgenders are considered a high-risk group the world over, with certain exceptions,”Bhati told the justices. “There is a period within which infection has to be identified, and the risk window has to be carefully considered. Nobody can claim to have a fundamental right to donate blood. These guidelines must be seen from the perspective of public health as the idea is not to stigmatize anyone.”
The Washington Blade on Aug. 28, 2024, reported Shariff D. Rangnekar, a gay man from Delhi and director of the Rainbow Literature Festival, challenged the constitutionality of India’s blood donor rules, which bar trans people, MSM, female sex workers, and others from donating blood due to presumed health risks.
The Supreme Court on July 30, 2024, agreed to hear Rangnekar’s petition that Ibad Mushtaq filed and lawyer Rohin Bhatt wrote. It questions the policy’s reliance on outdated stereotypes from the 1980s. Rangnekar notes the U.S., the U.K., Canada, and Israel are among the countries that have updated their blood donor policies. He urged India to adopt individualized risk assessments.
South Asian countries have varying blood donation policies for trans people and gay men, with some avoiding blanket bans and others enforcing them.
Equaldex notes Nepal allows MSM to donate blood without specific restrictions based on sexual orientation or gender identity, suggesting trans people and gay men face no categorical bans. Bangladesh also lacks a specific ban on such donors, although its policies remain ambiguous due to limited documentation.
Pakistan, Sri Lanka, and Malaysia ban MSM and trans people from donating blood, categorizing them as high-risk groups for HIV and other infections.
“It is not just LGBTQIA+ people whose blood can test positive for infections, it could be anybody. All blood that is transfused needs to be tested before transfusion,” said Harish Iyer, a prominent LGBTQ activist in India. “If that is not happening, we have much reason to worry. There is no test on fidelity, regardless of the sex, gender, or sexual orientation. There are open marriages and clandestine affairs that happen in every sexuality. The solution is to speak of safe sex practices and not to take anyone’s word and to test every packet of blood before transfusion.”
Iyer told the Blade that branding and banishing minorities by stereotyping them is an underlying cause of hate crimes. He highlighted that MSM and trans people for years have been seen as simply vectors of HIV, and not as people who lead happy, fulfilling lives. Iyer added the blood donor ban further accentuates this divide and further marginalizes the community.
Iyer said the government should enhance public awareness campaigns around safer sex practices and ensure that all blood undergoes rigorous testing before transfusion. Ankit Bhupatani, a global DEI leader and LGBTQ activist, told the Blade the justices’ directive represents a long-overdue recognition that India’s blood donation guidelines require scientific scrutiny rather than perpetuating stigma.
“By asking the government to seek expert opinion, the bench has opened a path toward evidence-based policy reform. The bench’s observation that labeling all transgender persons as ‘risky’ is troubling, shows judicial wisdom in identifying how these guidelines institutionalize prejudice,” said Bhupatani. “This intervention creates an opportunity to align our healthcare policies with constitutional values of equality and dignity while maintaining necessary medical safeguards.”
He said the 2017 guidelines are a form of structural discrimination.
“Such policies do not merely restrict access to a civic activity; they codify stigma into our healthcare system and reinforce harmful stereotypes about LGBT individuals,” said Bhupatani. “The international trend has indeed moved toward individual risk assessment rather than categorical exclusions. India’s policy remains anachronistic in its approach.”
“The government absolutely should implement individualized medical screening based on specific behaviors rather than identity,” he added. “The current policy creates the paradoxical situation where a heterosexual person engaging in high-risk behaviors faces less scrutiny than a transgender person in a monogamous relationship. The selective application of supposed ‘public health concerns’ reveals that these guidelines are more informed by social prejudice than medical evidence. Rigorous individual screening would better protect our blood supply while eliminating discriminatory practices.”
District of Columbia
Adams Morgan queer bar broken into and vandalized
Sinners and Saints targeted Thursday night
On Thursday night, Sinners and Saints, a popular queer bar in Adams Morgan and the only QTBIPOC (queer, trans, Black, Indigenous and people of color) bar in D.C., was broken into and vandalized with homophobic slurs, according to a recent Instagram post from the establishment.
“Last night, our bar — the only QTBIPOC bar in DC — was broken into and hate-crimed during DC Black Pride, a time meant for celebration, resilience, and joy — and on the eve of WorldPride 2025. We are heartbroken, but we are not broken,” the post read.
The statement was accompanied by a slideshow showing the damage: the front iron gate door and its glass counterpart shattered, glass strewn across the floor, and the word “FAGGOT” scrawled in black ink on the wall.
“This space exists to protect and celebrate queer and trans BIPOC communities, and this attack only strengthens our resolve,” the post continued. “We will NOT be silenced. We will NOT be intimidated. We will NOT back down.”
“To those who tried to harm us: hate fuels our defiance. To our community: we see you, we love you, and we will continue fighting for you. Sinners and Saints is resistance. We will rebuild. We will STAY OPEN. And we will keep our doors — and hearts — wide open for all who need refuge.”
They ended the message with a call to action: “Stand with us. Share this. Show up. We keep us safe.”
“What happened was truly disheartening, but we won’t be silenced,” co-owner Fazeel Ashraf told the Washington Blade. “QTBIPOC spaces are so important in this current political climate. I’d love to do a phone interview with one of my fellow partners.”
Despite the heartbreak surrounding the break-in and what Ashraf described as “a hate crime,” the LGBTQ community quickly rallied in the comments, offering support and assistance.
“Please let us know how we can help!” wrote Nik Battaglia. “I’m a handy queer with handy queer friends — I can fix shit, paint shit, and am happy to stand guard outside.”
Even national figures chimed in.
“RuPaul’s Drag Race” star Laganja Estranja commented, “Incredible response! I believe in you. Sending so much love and strength.”
The Blade reached out to the Metropolitan Police Department regarding the break-in but has not received a response.
To view the damage, and some of the LGBTQ community’s supportive statements, visit the Sinners and Saints’s Instagram page.
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