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Utah judge legalizes same-sex marriage

No stay in decision means gay couples can apply for licenses immediately

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Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade
Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade

A federal judge in Utah has struck down the state’s ban on same-sex marriage. Michael Ferguson (left) and Seth Anderson were married in Salt Lake City. (Photo courtesy of Seth Anderson)

A federal judge in Utah has ruled the state’s constitutional ban on same-sex nuptials is unconstitutional, enabling gay couples in the state to apply for marriage licenses immediately.

U.S. District Judge Robert Shelby, an Obama appointee, issued 53-page decision on Friday, determining the state’s ban on same-sex marriage violates gay couples’ rights under the 14th Amendment of the U.S. Constitution.

“Applying the law as it is required to do, the court holds that Utah’s prohibition on same- sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law,” Shelby writes. “The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.”

The decision — handed down in response to a request for summary judgment from all parties involved — makes Utah the 18th state in the country where same-sex marriage is legal. No stay was placed in the decision, so gay couples can apply for marriage licenses immediately.

One such couple, Seth Anderson and his new spouse, documented their application for a marriage license in Utah on Twitter within an hour after the ruling.

 

Gov. Gary Herbert (R-Utah) opposes same-sex marriage and defended the ban against the litigation in court, so is expected to appeal the decision to the U.S. Tenth Circuit Court of Appeals. Herbert, along with Acting Attorney General Brian Tarbet, filed a notice of appeal with the district court following the ruling.

In a statement, Tarbet said his office is requesting an emergency stay in anticipation of an appeal to higher court.

“The federal district court’s ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit,” Tarbet said. “The state is requesting an emergency stay pending the filing of an appeal. The Attorney General’s Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah.”

Earlier, Herbert said he’s “disappointed” with the judge’s ruling and is examining ways to keep the ban to same-sex marriage in place within the state.

“I am very disappointed an activist federal judge is attempting to override the will of the people of Utah,” Herbert said. “I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah.”

The ruling marks the second time a court has struck down a ban on same-sex marriage that was constitutional and not statutory. The first was the 2010 ruling against California’s Proposition 8. It’s also the first time a court struck down a constitutional ban on same-sex marriage in the aftermath of the U.S. Supreme Court’s decisions on Prop 8 and Section 3 of the Defense of Marriage Act.

Shannon Minter, legal director for the National Center for Lesbian Rights, told the Washington Blade the decision is “a huge win” — not just for same-sex couples in Utah, but the entire country.

“To have such a historic ruling take place in Utah speaks volumes about our country’s trajectory from discrimination to acceptance and support for same-sex couples and their families,” Minter said.

The challenge to the law was brought by three Utah couples – Derek Kitchen and Moudi Sbeity; Karen Archer and Kate Call; and Laurie Wood and Kody Partridge — who were represented by the law firm of Magleby & Greenwood. The couples either wished to be married in Utah or were legally married elsewhere and wanted their home state to recognize their marriage.

The decision makes heavy use of the Supreme Court decision against DOMA as part of the reasoning striking down Utah’s ban on same-sex marriage. Ironically, Shelby draws on the dissent of U.S. Associate Justice Antonin Scalia, who wrote it would be “easy” for judges to apply the DOMA decision to state laws banning same-sex marriage.

“The court agrees with Justice Scalia’s interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law,” Shelby writes.

Utah voters in 2004 approved the state constitutional ban on same-sex marriage, known as Amendment 3, by a margin of 65.8 percent to 33.2 percent. It bans both same-sex marriage and marriage-like unions.

Shelby writes the issue of same-sex marriage is “politically charged in the current climate” and more so because the current law is in place as a result of referendum. However, Shelby rules that even a vote of the people can’t defy the U.S. Constitution.

“It is only under exceptional circumstances that a court interferes with such action,” Shelby writes. “But the legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself, and on the interpretation of that document contained in binding precedent from the Supreme Court and the Tenth Circuit Court of Appeals.”

The judge concludes by drawing on the 1966 case of Loving v. Virginia, which struck down state bans on interracial marriage throughout the country, saying the defense in favor of these bans 50 years ago is the same the state provided for Utah’s ban on same-sex marriage.

“For the reasons discussed above, the court finds these arguments as unpersuasive as the Supreme Court found them fifty years ago,” Shelby writes. “Anti-miscegenation laws in Virginia and elsewhere were designed to, and did, deprive a targeted minority of the full measure of human dignity and liberty by denying them the freedom to marry the partner of their choice. Utah’s Amendment 3 achieves the same result.”

Marc Solomon, national campaign director for the LGBT group Freedom to Marry, said ruling represents a historic end to a year of tremendous success for the marriage equality movement.

“The federal district judge has done the right thing by affirming that marriage is a fundamental freedom for all people, gay and non-gay – for all of us who believe in liberty and fairness,” Solomon said. “We hope that officials implement this ruling statewide. As same-sex couples celebrate their weddings, more people will see that sharing in the freedom to marry helps families and harms no one.”

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Kazakhstan

Kazakh president signs anti-LGBTQ propaganda bill

Lawmakers passed measure in the fall

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Kazakh flag (Photo by misima/Bigstock)

Kazakh President Kassym-Jomart Tokayev on Tuesday signed a bill that will ban so-called LGBTQ propaganda in the country.

Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” The Kazakh Senate on Dec. 18 approved the bill.

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China. Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.

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District of Columbia

Top 10 LGBTQ local news stories of 2025

Trump’s D.C. takeover upends city life

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(Washington Blade photos by Michael Key)

The year 2025 brought unprecedented challenges to D.C. as President Trump initiated a takeover of local police operations and implemented ICE raids in the city. Below are our picks for the top 10 LGBTQ news stories of the year.

10. Man gets 15 years for drug sale that led to deaths of two gay men

A D.C. man was sentenced by a federal judge on June 26, 2025, to 15 years in prison after he pleaded guilty three months earlier to conspiracy related charges that he distributed large amounts of fentanyl and cocaine in the D.C. area, including the sale of fentanyl that resulted in the December 2023 deaths of two D.C. gay men.

A statement released by the Office of the U.S. Attorney for D.C. said Jevaughn Mark, 33, was charged, among other things, with selling fentanyl rather than the requested ketamine, known as “Special K,” to one of the two gay victims who shared the drug with his gay friend. Police identified the men as Brandon Roman, 38, a prominent D.C. attorney and LGBTQ rights  advocate, and Robbie Barletta, 28, a home renovation business owner and historic preservationist.

An official with the D.C.-based group HIPS, which provides services to drug users, called the deaths of the two men a poisoning rather than an overdose because they unknowingly consumed the highly toxic fentanyl rather than the ketamine they thought they had.

9. Drag queens, protesters denounce Trumps Kennedy Center takeover

The March for Drag was led by local drag artists. (Washington Blade photo by Michael Key)

D.C. drag performer Tara Hoot was among other drag queens and about 100 supporters who marched in February from Washington Circle to the Kennedy Center to protest President Donald Trump’s Kennedy Center “takeover” by his appointment of Trump supporters to the performing arts facility’s board of directors.

Hoot and three other local drag performers followed up with their own Kennedy Center protest in June by attending the Kennedy Center’s opening night performance of “Les Misérables” while Trump himself was in attendance. Among the concerns raised by the protesters was the Kennedy Center’s decision in February to cancel a performance by the Gay Men’s Chorus of Washington scheduled for May to celebrate the upcoming WorldPride 2025 DC events.  A Kennedy Center spokesperson said the performance was canceled because of “financial” and “scheduling” factors and not by the Trump initiated management changes.

8. D.C. LGBTQ Center celebrates opening of new, larger offices

The D.C. LGBTQ+ Community Center (Washington Blade photo by Michael Key)

The D.C. LGBTQ+ Community Center officially opened its new expanded offices on April 26 at 1828 Wiltberger St., N.W., located one block from the Shaw Metro station.  

Spanning 6,671 square feet of intentionally designed space, Center Director Kimberley Bush said the new space would offer a wide range of resources for LGBTQ individuals in need – including mental health services, job readiness programs, cultural events and community support groups, all under one roof.

7. Deaths of five key local LGBTQ advocates in 2025

Jeri Hughes in 2012. (Washington Blade file photo by Pete Exis)

The LGBTQ community took note of the passing of at least five highly regarded local LGBTQ advocates in 2025. Among them were Jeri Hughes, 73, a longtime local transgender rights activist; Dale Sanders, 75, a highly acclaimed D.C. attorney for more than 40 years who played a leading role in providing legal services to people with HIV/AIDS; Patrick Shaw, 60, a highly regarded D.C. public schools teacher; Thomas Mangrum, 61, an acclaimed advocate for people with disabilities and LGBTQ rights activist involved in the city’s Capital Pride events; and Loraine Hutchins, a nationally known and acclaimed advocate for bisexual and LGBTQ rights, and co-author and editor of a groundbreaking book on bisexuality.

6. Pro-LGBTQ Spanberger elected Va. governor 

Virginia Gov.-elect Abigail Spanberger speaks at a pre-Election Day campaign event. (Photo courtesy of Spanberger’s campaign)

Former congresswoman and longtime LGBTQ rights supporter Abigail Spanberger (D) won her race for governor of Virginia on Nov. 6, defeating the state’s Republican lieutenant governor, Winsome Earle-Sears, who expressed strong opposition to LGBTQ equality. Spanberger, who will succeed incumbent GOP Gov. Glenn Youngkin in January, becomes Virginia’s first female governor.

Meanwhile, John Reid, a gay conservative radio talk show host in Richmond for many years, lost his race as the Republican candidate for  lieutenant governor in Virginia, falling short of becoming the state’s first openly gay person to win a statewide office. Reid lost to Democrat Ghazala Hashmi, a member of the Virginia State Senate, who became the first Muslim woman to win election to a statewide office in any state.

 5. Trans erasure hits D.C. 

Activists protest outside of the offices of D.C. Attorney General Brian Schwalb on Feb. 13., demanding the issuance of public guidance affirming that denying care based on gender identity is unlawful under D.C.’s anti-discrimination laws. (Washington Blade photo by Michael Key)

The National Park Service, which owns and maintains Dupont Circle as a federal park, in February removed all references to transgender people from its website devoted to Dupont Circle history. In a development believed to be linked to one of President Trump’s early executive orders banning federal support for trans related issues, the Park Service removed all mention of trans people from its website but left on the site multiple references to the “GLB community.”

In yet another act of what LGBTQ activists are calling “trans erasure,” D.C.’s Children’s National Hospital in July announced it would discontinue beginning Aug. 30 gender transition medical care it has provided for juvenile patients for at least the past 20 years. In a statement posted on its website, the highly acclaimed pediatric hospital said the change was made “in light of escalating legal and regulatory risks to Children’s National.” Most observers interpreted that to mean the risk of federal funding cuts linked to the Trump administration’s animus toward trans supportive programs or policies.

4. D.C. Mayor Bowser announces she will not run for re-election

Mayor Muriel Bowser has one more year in her term but announced she will not seek re-election next year. (Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser, a longtime vocal supporter of the LGBTQ community, announced on Nov. 25 that she will not run for a fourth term. Since first taking office as mayor in January 2015, Bowser has been an outspoken supporter on a wide range of LGBTQ-related issues, including marriage equality and services for LGBTQ youth and seniors.

LGBTQ activists have pointed out that Bowser’s record of support on LGBTQ issues dates back to her tenure as the Ward 4 D.C. Council member from 2007 through January 2015, when she took office as mayor. They also credit her with expanding and significantly increasing funding for the Mayor’s Office of LGBTQ Affairs and appointing the largest number of openly LGBTQ officials to D.C. government jobs than any prior D.C. mayor.

“It has been the honor of my life to be your mayor,” Bowser said in a statement.

3. D.C. LGBTQ bars hanging in thereamid tough economy

Drag performer Ella Fitzgerald entertains at the Ziegfeld’s/Secrets Reunion party at Crush Dance Bar on March 15. (Washington Blade photo by Michael Key)

The owners of several of D.C.’s at least 25 LGBTQ bars told the Blade in November they had been negatively impacted by a series of developments and issues impacting most other D.C. bars, restaurants, and nightlife venues. Among the lead issues impacting them, they said, were the deployment by President Trump of National Guard troops on city streets, the nearly two-month-long federal government shutdown that ended in late November, and skyrocketing prices of food and other supplies brought about by the Trump administration’s tariff program.

Other factors cited were a decline in tourist visits to D.C. due to alienation from the Trump administration and a large increase in the number of LGBTQ bars in recent years that some observers said has resulted in fewer people going to each of the LGBTQ bars, the latest one, Rush at 14th and U Street, N.W., having opened in December.

2. At least 1.2 million turn out for WorldPride D.C.

The WorldPride Parade was held on June 7. (Washington Blade photo by Michael Key)

At least 1.2 million people turned out from throughout the U.S. and internationally for WorldPride D.C. 2025, which took place from mid-May through June. It included hundreds of events held across the city. Among them were an international human rights conference, a March on Washington for LGBTQ Equality, sporting events with LGBTQ athletes, concerts by LGBTQ choral groups and nationally acclaimed pop musicians.

The events culminated with a six-hour-long WorldPride Parade on June 7 that drew hundreds of thousands of participants and bystanders and included a 1,000-foot long rainbow flag that led the parade. The WorldPride street festival and concert took place that same day and the following day, on June 8, along Pennsylvania Ave, N.W. that included hundreds of booths.

The 1.2 million attendance and the a $310 million economic impact it had on the city were significantly less that what had been initially predicted by city officials, who, along with LGBTQ activists, said the lower attendance and economic impact was due in part to the anti-LGBTQ policies and alienation of many potential foreign visitors by the Trump administration.

1.    Trump takes control of D.C. police, deploys National Guard 

Military vehicles parked outside of Union Station on Aug. 14. (Washington Blade photo by Michael Key)

LGBTQ rights advocates joined community leaders across the city in condemning President Donald Trump’s decision in August to take control of the D.C Metropolitan Police Department and deploy 800 National Guard troops to address what he called a crime wave caused by “bloodthirsty criminals” and “roving mobs of wild youth.” 

A coalition of local LGBTQ advocacy organizations joined other community leaders, including gay D.C. Council member Zachary Parker (D-Ward 5), in calling Trump’s action a “power grab” aimed at eliminating D.C.’s locally elected government that would adversely impact people of color, the LGBTQ and immigrant communities.

In a development that captured national attention, a gay man was arrested on Aug. 10 on a misdemeanor assault charge for tossing a hero sandwich into the chest of a uniformed U.S. Customs and Border Control agent on a street near several gay bars in what he called an act of  protest and defiance of the Trump deployment of federal troops and agents in D.C. In what some observers called a gesture of support for gay sandwich thrower Sean Charles Dunn, a federal court jury handed down a verdict of not guilty for the assault charge.

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Federal Government

Holiday week brings setbacks for Trump-Vance trans agenda

Federal courts begin to deliver end-of-year responses to lawsuits involving federal transgender healthcare policy.

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While many Americans took the week of Christmas to rest and relax, LGBTQ politics in the U.S. continued to shift. This week’s short recap of federal updates highlights two major blows to the Trump-Vance administration’s efforts to restrict gender-affirming care for minors.

19 states sue RFK Jr. to end gender-affirming care ban

New York Attorney General Letitia James announced on Tuesday that the NYAG’s office, along with 18 other states (and the District of Columbia), filed a lawsuit to stop U.S. Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. from restricting gender-affirming care for minors.

In the press release, Attorney General James stressed that the push by the Trump-Vance administration’s crusade against the transgender community — specifically transgender youth — is a “clear overreach by the federal government” and relies on conservative and medically unvalidated practices to “punish providers who adhere to well-established, evidence-based care” that support gender-affirming care.

“At the core of this so-called declaration are real people: young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available,” said Attorney General James. “Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices. My office will always stand up for New Yorkers’ health, dignity, and right to make medical decisions free from intimidation.”

The lawsuit is a direct response to HHS’ Dec. 18 announcement that it will pursue regulatory changes that would make gender-affirming health care for transgender children more difficult, if not impossible, to access. It would also restrict federal funding for any hospital that does not comply with the directive. KFF, an independent source for health policy research, polling, and journalism, found that in 2023 federal funding covered nearly 45% of total spending on hospital care in the U.S.

The HHS directive stems directly from President Donald Trump’s Jan. 28 Executive Order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.

The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures like the one pushed by President Trump’s administration that restrict access to trans health care.

“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”

The lawsuit also names Oregon, Washington, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Pennsylvania, Rhode Island, Vermont, and Wisconsin as having joined New York in the push against restricting gender-affirming care.

At the HHS news conference last Thursday, Jim O’Neill, deputy secretary of the department, asserted, “Men are men. Men can never become women. Women are women. Women can never become men.”

DOJ stopped from gaining health care records of trans youth

U.S. District Judge Cathy Bissoon blocked an attempt by the Department of Justice (DOJ) to gain “personally identifiable information about those minor transgender patients” from the University of Pittsburgh Medical Center (UPMC), saying the DOJ’s efforts “fly in the face of the Supreme Court.”

Journalist Chris Geidner originally reported the news on Dec. 25, highlighting that the Western District of Pennsylvania judge’s decision is a major blow to the Trump-Vance administration’s agenda to curtail transgender rights.

“[T]his Court joins the others in finding that the government’s demand for deeply private and personal patient information carries more than a whiff of ill intent,” Bissoon wrote in her ruling. “This is apparent from its rhetoric.”

Bissoon cited the DOJ’s “incendiary characterization” of trans youth care on the DOJ website as proof, which calls the practice politically motivated rather than medically sound and seeks to “…mutilate children in the service of a warped ideology.” This is despite the fact that a majority of gender-affirming care has nothing to do with surgery.

In United States v. Skrmetti, the Supreme Court ruled along party lines that states — namely Tennessee — have the right to pass legislation that can prohibit certain medical treatments for transgender minors, saying the law is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it does not involve suspect categories like race, national origin, alienage, and religion, which would require the government to show the law serves a compelling interest and is narrowly tailored, sending decision-making power back to the states.

“The government cannot pick and choose the aspects of Skrmetti to honor, and which to ignore,” Judge Bissoon added.

The government argued unsuccessfully that the parents of the children whose records would have been made available to the DOJ “lacked standing” because the subpoena was directed at UPMC and that they did not respond in a timely manner. Bissoon rejected the timeliness argument in particular as “disingenuous.”

Bissoon, who was nominated to the bench by then-President Obama, is at least the fourth judge to reject the DOJ’s attempted intrusion into the health care of trans youth according to Geidner.

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