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Ill. lesbian couple granted immediate marriage license

Terminally ill woman and partner sought to wed immediately

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A court has granted Vernita Gray (left) and Patricia Ewert an expedited marriage license in Illinois (Photo courtesy Lambda Legal).

A court has granted Vernita Gray (left) and Patricia Ewert an expedited marriage license in Illinois. (Photo courtesy Lambda Legal)

A state court in Illinois has granted a temporary restraining order to a lesbian couple in which one person in the relationship is terminally ill so the two can wed before the effective date of the state’s recently signed marriage equality law.

U.S. District Judge Thomas Durkin, an Obama appointee, signed a proposed temporary restraining order on Monday ordering Cook County Clerk David Orr to grant Vernita Gray and Patricia Ewert a marriage license and register their marriage.

“Defendant is ordered to issue a marriage license to Plaintiffs upon their application and satisfaction of all legal requirements for a marriage in Cook County except for the requirement that they be of different sexes, and Defendant is ordered to register their solemnized marriage as is presently required for all other marriages,” Durkin writes.

Durkin adds in his own handwriting that the proposed order will expire on Dec. 9 unless otherwise extended.

According to the complaint filed on Friday, Gray was diagnosed in 1996 with breast cancer that has since proved terminal as it has metastasized into her bones and brain. She may only have weeks left to live.

Even though the Cook County couple entered into a civil union in 2011, Gray and Ewert wish to marry in Illinois before Gray passes away. Erik Roldon, a spokesperson for Lambda Legal, said now that the couple has the temporary restraining order, they could marry as soon as Wednesday.

In a statement, Gray expressed tremendous joy that she’d finally be able to marry her long-time partner in their home state.

“I have two cancers, bone and brain and I just had chemo today — I am so happy to get this news,” Gray said. “I’m excited to be able to marry and take care of Pat, my partner and my family, should I pass.”

Gov. Pat Quinn (D) signed into law last week legislation granting same-sex couples the right to marry to Illinois, but that law doesn’t go into effect until June 1.

Lambda Legal and the ACLU of Illinois filed the lawsuit Friday on behalf of the couple to seek immediate action. The advocacy groups — joined by counsel at Kirkland & Ellis and Miller, Shakman & Beem — asked that the court hear the case on an emergency basis.

Camilla Taylor, marriage project director for Lambda Legal, said the temporary restraining order will bring quick action for the two in their remaining days.

“Vernita is terminally ill and she wishes to marry the woman she loves before she dies — and now she won’t have to wait another day,” Taylor said. “These two women, who have loved and cared for each other in good times and bad, through sickness and through health, will get to know what it means to be married.”

John Knight, LGBT Project Director at the ACLU of Illinois, said the judge issued the order because of the “arbitrary nature of the start date” of the new law.

“Their love deserves the dignity of marriage now and there is simply no justification for forcing them to wait,” Knight said.

According to the complaint, both Gray and Ewert have engaged in various forms of activism even before the time they met.

Gray, 64, spent 20 years working as a victim’s advocate in the Cook County court systems and served as LGBT liaison in the Cook County State’s Attorney’s Office. For her work in combatting hate crimes, Gray was invited to the White House in 2009 to witness President Obama’s signing of the Matthew Shepard & James Byrd, Jr., Hate Crimes Prevention Act.

Ewert, 65, and a breast cancer survivor, is currently community outreach coordinator for Illinois State Rep. Kelly Cassidy and a former executive director for Lives on Target, a non-profit dedicated to providing archery resources.

Natalie Bauer, a spokesperson for Illinois Attorney General Lisa Madigan, said her boss filed a brief before the court in support of the order and supports the decision.

“While the State has now taken the historic step of extending marriage to gay and lesbian couples, Ms. Gray’s terminal illness is expected to prevent her from living until June 1 when she and Ms. Ewert could finally obtain the rights and benefits of being married,” Bauer said. “Continuing to ban this committed couple from marrying violates their right to equal protection and serves no legitimate purpose.”

Courts have previously ordered county clerks to grant marriage licenses to gay couples statewide and a federal judge in Ohio has issued temporary restraining orders requiring the recognition of the union of same-sex couples who wed elsewhere.

However, the Illinois order is the first time a court has through a temporary restraining order required a county clerk to provide a marriage license to a same-sex couple. It’s also the first time a court has granted an expedited license following a state legislature’s passage of marriage equality.

Evan Wolfson, president of Freedom to Marry, said the judge’s order builds on the realization by the Illinois state legislature that there’s no reason to prohibit same-sex couples from marrying.

“The Illinois Legislature found no good reason to exclude gay couples from marriage; now the court found no good reason to deny this loving committed couple their marriage license even one more day,” Wolfson said. “The judge, like a majority of Americans, understood the human reality that gay couples’ exclusion from marriage is painful and unjust, and that every day of denial is a day of real harm.”

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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Senegal

Senegalese lawmakers approve bill to further criminalize homosexuality

A dozen men arrested in February for ‘unnatural acts’

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(Image by xileodesigns/Bigstock)

Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.

The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.

The bill passed with near unanimous support. Only three of 135 MPs abstained.

President Bassirou Diomaye Faye is expected to sign the measure.

The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.

Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”

Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”

“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.

Türk also urged Faye not to sign the bill.

“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk. 

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