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Groups link Utah polygamy ruling to gay marriage

NOM, FRC blame LGBT advocates for opening ‘path’ to bigamy, incest

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Tony Perkins, FRC, gay news, Washington Blade
Tony Perkins, FRC, gay news, Washington Blade, polygamy

FRC President Tony Perkins says the legalization of same-sex marriage will lead to legalized polygamy. (Washington Blade file photo by Lee Whitman)

Two of the nation’s leading anti-LGBT groups — the National Organization for Marriage and the Family Research Council — said a decision by a federal judge in Utah last week overturning part of the state’s law banning polygamy was made possible by earlier court rulings supportive of same-sex marriage.

An official with the marriage equality group Freedom to Marry disputed that assertion, saying the Utah ruling was limited to the right of people to choose personal living arrangements unrelated to marriage.

But statements by NOM and FRC linking the Utah ruling to same-sex marriage were reported widely in the media, with cable news outlets inviting FRC President Tony Perkins to appear on news programs to express his views on the issue.

Judge Clark Waddoups of the U.S. District Court of Utah ruled on Dec. 13 that a section of Utah’s anti-polygamy law that prohibits “cohabitation” violates the U.S. Constitution’s First Amendment guarantee of freedom of religion as well as the Constitution’s due process clause.

Waddoups’ ruling left in place the anti-polygamy law’s provisions prohibiting someone from obtaining two or more valid marriage licenses to marry more than one person.

In a statement released by the National Organization for Marriage, the group’s president, Brian Brown, called Waddoups’ ruling the first step in an effort by polygamists to bring a test case to the Supreme Court to obtain legal recognition of “plural” marriages.

“There’s no doubt that the arguments for same-sex marriage were a template for this case,” Brown said. “People in polygamist, plural marriages are just a short step away from winning official marriage rights. Adult incest practitioners will have similar claims, as will adult siblings and other close relations,” he said.

“This decision is the next step along the path blazed by same-sex marriage advocates who have convinced federal judges to transform the societal norm of marriage as the union of one man and one woman designed primarily for the benefit of any children produced of their union into an institution that recognizes intimate, romantic relationships between consenting adults,” Brown said.

Evan Wolfson, founder and president of the same-sex marriage advocacy group Freedom to Marry, said Brown’s interpretation of Waddoups’ ruling was incorrect.

“Contrary to yet another predictable breathless rush to misrepresent from NOM and its anti-gay ilk, this decision is no more about marriage than NOM is,” Wolfson told the Blade in an email.

“It’s about cohabitation, that is, whom you may choose to live with,” he said. “As anyone reading the judge’s ruling can see, the decision leaves intact other prohibitions on bigamy, polygamy, and fraud. Instead it’s about choices people make about living together, not marrying.”

Wolfson added, “Do the NOM/FRC crowd really believe that in a free country the government should be dictating to Americans – married or otherwise, religious or otherwise – whom they may even live with?”

The challenge to the Utah polygamy law stems from a lawsuit filed by Kody Brown, the lead figure in the reality television show “Sister Wives,” in which Brown stars with people he identifies as his four wives and 17 children.

Brown and his family are members of the Apostolic Brethren Church, a breakaway sect from the Mormon Church whose members embrace polygamy as part of their religious beliefs. The Mormon Church ended its support for polygamy in the 1890s when Congress required the then territory of Utah to prohibit polygamy as a condition for becoming a state.

George Washington University law professor Jonathan Turley represents the Brown family in connection with their lawsuit. He argued before the court that the provision of the Utah polygamy law prohibiting cohabitation violated the family’s right to privacy and religious freedom.

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National

65% of Black Americans support Black LGBTQ rights: survey

Results show 40% have LGBTQ family member

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(Logo courtesy of the NBJC)

The National Black Justice Coalition, a D.C.-based LGBTQ advocacy organization, announced on June 19 that it commissioned what it believes to be a first-of-its-kind national survey of Black people in the United States in which 65 percent said they consider themselves “supporters of Black LGBTQ+ people and rights,” with 57 percent of the supporters saying they were “churchgoers.”

In a press release describing the findings of the survey, NBJC said it commissioned the research firm HIT Strategies to conduct the survey with support from five other national LGBTQ organizations – the Human Rights Campaign, the National LGBTQ Task Force, the National Center for Lesbian Rights, Family Equality, and GLSEN.

“One of the first surveys of its kind, explicitly sampling Black people (1,300 participants) on Black LGBTQ+ people and issues – including an oversampling of Black LGBTQ+ participants to provide a more representative view of this subgroup – it investigates the sentiments, stories, perceptions, and priorities around Black values and progressive policies, to better understand how they impact Black views on Black LGBTQ+ people,” the press release says.

It says the survey found, among other things, that 73 percent of Gen Z respondents, who in 2024 are between the ages of 12 and 27, “agree that the Black community should do more to support Black LGBTQ+ people.”

According to the press release, it also found that 40 percent of Black people in the survey reported having a family member who identifies as LGBTQ+ and 80 percent reported having “some proximity to gay, lesbian, bisexual, or queer people, but only 42 percent have some proximity to transgender or gender-expansive people.”

The survey includes these additional findings:

• 86% of Black people nationally report having a feeling of shared fate and connectivity with other Black people in the U.S., but this view doesn’t fully extend to the Black LGBTQ+ community. Around half — 51% — of Black people surveyed feel a shared fate with Black LGBTQ+ people.

• 34% reported the belief that Black LGBTQ+ people “lead with their sexual orientation or gender identity.” Those participants were “significantly less likely to support the Black LGBTQ+ community and most likely to report not feeling a shared fate with Black LGBTQ+ people.”

• 92% of Black people in the survey reported “concern about youth suicide after being shown statistics about the heightened rate among Black LGBTQ+ youth.” Those expressing this concern included 83% of self-reported opponents of LGBTQ+ rights.

• “Black people’s support for LGBTQ+ rights can be sorted into three major groups: 29% Active Accomplices, 25% Passive Allies (high potential to be moved), 35% Opponents. Among Opponents, ‘competing priorities’ and ‘religious beliefs’ are the two most significant barriers to supporting Black LGBTQ+ people and issues.”

• 10% of the survey participants identified as LGBTQ. Among those who identified as LGBTQ, 38% identified as bisexual, 33% identified as lesbian or gay, 28% identified as non-binary or gender non-conforming, and 6% identified as transgender.

• Also, among those who identified as LGBTQ, 89% think the Black community should do more to support Black LGBTQ+ people, 69% think Black LGBTQ+ people have fewer rights and freedoms than other Black people, 35% think non-Black LGBTQ+ people have fewer rights and freedom than other Black people, 54% “feel their vote has a lot of power,” 51% live in urban areas, and 75% rarely or never attend church.

Additional information about the survey from NBJC can be accessed here.

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U.S. Federal Courts

Club Q shooter sentenced to life in prison for federal hate crimes

Five people killed in 2022 mass shooting in Colo.

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Assistant U.S. Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. (Justice Department YouTube screenshot)

Anderson Lee Aldrich, 24, formerly of Colorado Springs, Colo., was sentenced to 55 concurrent life sentences to run consecutive to 190 years in prison after pleading guilty to 74 hate crimes and firearms charges related to the Nov. 19, 2022, mass shooting at Club Q, an LGBTQ establishment in Colorado Springs.  

According to the plea agreement, Aldrich admitted to murdering five people, injuring 19, and attempting to murder 26 more in a willful, deliberate, malicious, and premeditated attack at Club Q. According to the plea, Aldrich entered Club Q armed with a loaded, privately manufactured assault weapon, and began firing. Aldrich continued firing until subdued by patrons of the club. As part of the plea, Aldrich admitted that this attack was in part motivated because of the actual or perceived sexual orientation and gender identity of any person.

“Fueled by hate, the defendant targeted members of the LGBTQIA+ community at a place that represented belonging, safety, and acceptance — stealing five people from their loved ones, injuring 19 others, and striking fear across the country,” said Attorney General Merrick Garland. “Today’s sentencing makes clear that the Justice Department is committed to protecting the right of every person in this country to live free from the fear that they will be targeted by hate-fueled violence or discrimination based on who they are or who they love. I am grateful to every agent, prosecutor, and staff member across the Department — from the U.S. Attorney’s Office for the District of Colorado, to the Civil Rights Division, the ATF, and FBI — for their work on this case. The Justice Department will never stop working to defend the safety and civil rights of all people in our country.”

“The 2022 mass shooting at Club Q is one of the most violent crimes against the LGBTQIA+ community in history,” said FBI Director Christopher Wray. “The FBI and our partners have worked tirelessly towards this sentencing, but the true heroes are the patrons of the club who selflessly acted to subdue the defendant. This Pride Month and every month, the FBI stands with the survivors, victims, and families of homophobic violence and hate.”

“ATF will not rest until perpetrators like this defendant are prosecuted to the fullest extent of the law,” said Steven Dettelbach, director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I hope today’s life sentence brings at least some peace to the victims and survivors of this senseless, horrific tragedy. That this sentence should come during Pride month reinforces how far we have left to go before all communities, including all LGBTQIA+ communities, are safe here. It also shows how far ATF and all our partners will go to ensure hatred does not win.”

“The defendant’s mass shooting and heinous targeting of Club Q is one of the most devastating assaults on the LGBTQIA+ community in our nation’s history. This sentence cannot reclaim the lives lost or undo the harms inflicted. But we hope that it provides the survivors, the victims’ families, and their communities a small measure of justice,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our message today should be loud and clear. No one should have to fear for their life or their safety because of their gender identity or sexual orientation. The Justice Department will vigorously investigate and prosecute those who perpetrate hate-fueled, bias-driven attacks.”

“Hate has no place in our country and no place in Colorado” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “I hope that today’s sentence demonstrates to the victims and those connected to this horrific event that we do not tolerate these heinous acts of violence.”

The FBI Denver Field Office, Colorado Springs Police Department, and ATF investigated the case.

Assistant U.S. Attorneys Alison Connaughty and Bryan Fields for the District of Colorado and, Maura White of the Justice Department’s Civil Rights Division prosecuted the case.

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Federal Government

EXCLUSIVE: Robert Garcia urges US officials to protect LGBTQ people during Pride Month

Gay Calif. congressman sent letter to top authorities on June 12

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Participants of the Capital Pride Festival in D.C. on June 8, 2024. Gay U.S. Congressman Robert Garcia (D-Calif.) has urged U.S. officials to ensure LGBTQ people are safe during Pride Month. (Washington Blade photo by Emily Hanna)

U.S. Rep. Robert Garcia (D-Calif.) on June 12 sent a letter to Secretary of State Antony Blinken, Homeland Security Secretary Alejandro Mayorkas, and Federal Bureau of Investigation Director Christopher Wray to work to ensure LGBTQ people during Pride events.

“Over the last several weeks, your respective agencies and departments have issued stark warnings, and travel advisories to the public over potential threats from foreign terrorist organizations (FTO), and their supporters during this year’s Pride Month,” said Garcia in his letter. “I understand that these steps have come after deeply concerning increases in anti-LGBTQ+ rhetoric, calls for targeted violence, and foiled violent plots.”

The FBI on May 10 issued an advisory that warned of potential violence at Pride events and other LGBTQ-specific events. The State Department on May 17 — the International Day Against Homophobia, Biphobia, and Transphobia — announced a similar warning.

“Ensuring that people can peacefully and safely celebrate Pride and the diversity of the LGBTQ+ community is of utmost importance,” wrote Garcia, a gay man who represents California’s 42nd Congressional District that includes Long Beach.

June 12 also marked eight years since a gunman killed 49 people inside the Pulse nightclub in Orlando, Fla.

The massacre at the time was the deadliest mass shooting in modern U.S. history. The gunman pledged his allegiance to the Islamic State, even though there is no evidence that suggests the extremist group ordered him to carry out the massacre. 

“This week marks the eight (sp) anniversary of the horrific Pulse nightclub Orlando shooting — during which the attacker deliberately and viciously targeted the LGBTQ+ community,” wrote Garcia in his letter. “It is important to put the recent escalation of extremist anti-LGBTQ+ propaganda and messaging in the context the Pulse nightclub shooter who was influenced by these same forces of extremism.”

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