News
Utah judge legalizes same-sex marriage
No stay in decision means gay couples can apply for licenses immediately
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.
Me and my new husband!! My polygamous Mormon great grandparents would be so proud! pic.twitter.com/82xyh9GJoS
— Seth Anderson (@jsethanderson) December 20, 2013
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.”
District of Columbia
D.C. Council approves expanded grant funding for Mayor’s Office of LGBTQ Affairs
Measure introduced by Zachary Parker faces second vote
The D.C. Council on June 9 gave its first round of approval to an amendment to the city’s fiscal year 2027 budget that calls for increasing the number and size of funding grants that the Mayor’s Office of LGBTQ Affairs provides for local organizations providing services for the LGBTQ community.
The amendment, titled the “LGBTQ Community Grant Amendment Act of 2026,” was introduced by D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member.
The amendment calls for the LGBTQ Affairs office to issue a $980,000 grant in fiscal year 2027 to a private, nonprofit organization in partnership with the office “for the purpose of supporting programs that promote the welfare of the lesbian, gay, bisexual, transgender, and questioning community.”
The organization would also initiate its own fundraising effort to expand the amount of funds beyond the amount the office would provide, enabling it to provide larger grants to a greater number of local LGBTQ organizations.
Among other things, the amendment says the organization chosen for this new role should have a “proven track record of success in grant making and fundraising” and agree to undergo an annual audit and submit quarterly reports to the office on its use of the funds it receives.
Under its rules for approving legislation, the Council must hold the second vote on the budget bill with the Parker amendment before it is sent to Mayor Muriel Bowser for her signature. It must then go to Congress for a congressional review that does not require approval, but could result in a vote to disapprove the measure, an action Congress usually does not take.
In a June 12 statement, the D.C. LGBTQ Budget Coalition called the D.C. Council’s initial approval of the Parker amendment, “a historic measure that establishes the District’s most sustainable model for a vehicle for investing in LGBTQ communities.”
The statement adds, “The legislation arrives at a critical moment, as LGBTQ-serving organizations face unprecedented uncertainty. Growing demand for services is colliding with shrinking resources, federal attacks on LGBTQ programs, and ongoing threats to local funding streams.”
It says the new program that the Parker amendment would create, if it reaches final approval, “creates a durable mechanism to protect and expand investments in the organizations that thousands of District residents rely upon every day.”
A spokesperson for the mayor’s office said he was looking into the mayor’s position on the Parker amendment but didn’t immediately get back with a response.
Germany
German group slams White House’s LGBTQ rights record ahead of World Cup
LSVD says trans, nonbinary soccer fans safety ‘not guaranteed’ in US
A German advocacy group on the eve of the 2026 World Cup sharply criticized the Trump-Vance administration over its anti-LGBTQ policies.
The World Cup will take place in the U.S., Canada, and Mexico through July 19. The tournament began on Thursday in Mexico City with Mexico beating South Africa 2-0.
“In the USA, democracy is being gradually dismantled,” said Julia Monro of Federation Queer Diversity, a German LGBTQ and intersex rights group known by the acronym LSVD, in a statement released on Wednesday. “In particular, the human rights of trans, intersex, and nonbinary individuals, as well as other queer people, are facing massive attacks and political instrumentalization by the Trump administration.”
The LSVD statement notes sports “has a special responsibility in this situation because it conveys values worldwide that extend beyond the playing field: fairness, respect, and inclusion.”
“This must apply to everyone, including trans* and nonbinary people,” says LSVD. “Those who love sport must also protect those who can only experience it under difficult circumstances.”
“The public visibility of queer people is being pushed back, companies and organizations with diversity strategies are being pressured, and laws for trans*, intersex, and nonbinary people are being tightened,” added the group. “This is not a fringe issue, but directly affects everyday life, mobility, and safety. The way minority rights are treated is a measure of the state of a democratic society. Inhumane measures must not be normalized. The international community must not remain silent as attention on the host country, the USA, increases. The Trump administration could exploit this media platform for further inhumane purposes, in order to transfer its homophobic agenda to other countries.”
LSVD also stressed the “safety of trans* and nonbinary soccer fans is currently not guaranteed in the USA.”
“We advise all queer fans to inform themselves carefully beforehand and to take precautions for their safety,” it said.
The Council for Global Equality is one of the more than 100 organizations that issued a travel advisory for the U.S. ahead of the World Cup.
LSVD in its statement pointed out the German government in 2025 issued a travel advisory for trans and nonbinary people who are planning to visit the U.S. The warning specifically noted President Donald Trump’s executive order that banned the State Department from issuing passports with “X” gender markers.
InterPride, the organization that coordinates WorldPride events, issued a travel advisory for trans and nonbinary people who planned to travel to the U.S. for WorldPride that took place last summer in D.C.
“Due to an executive order issued by the U.S. president on Jan. 20, all travelers must select either ‘male’ or ‘female’ when applying for entry or visas. The gender listed at birth will be considered valid,” read the InterPride advisory. “If your passport has ‘X’ as a gender marker or differs from your birth-assigned gender, we strongly recommend contacting the U.S. diplomatic mission before traveling to confirm entry requirements.”
LSVD notes the German government reiterated its 2025 travel advisory ahead of the World Cup.
“Anyone traveling with a different gender entry, with an ‘X’ marker in their passport, or who does not conform to the state’s expectations during checks, must expect problems in the USA,” said LSVD.
Virginia
Gay 1920s-era Hollywood star to be honored in Staunton, Va.
Billy Haines became acclaimed designer after anti-gay policies ended his acting career
A project is underway in Staunton, Va., to honor William ‘Billy’ Haines, who was born and raised in Staunton before becoming an out gay 1920s and early 1930s-era Hollywood movie star whose acting career ended around 1934 when he refused demands that he conceal his sexual orientation and end his relationship with his male partner.
Haines left the movie business around that time to start what became a highly successful interior design and furniture business in Los Angeles that he led until his death in 1972 at age 72, and which remains in business today, according to the Arcadia Project, a Staunton-based nonprofit initiative.
In a statement released last month, Arcadia Project announced it is working to revitalize a long-vacant movie theater in downtown Staunton that it plans to rename after Haines. It says a fundraising campaign is under way to support efforts to reopen the theater and the larger building in which it is housed as a “dynamic mixed-use cultural center.”
The statement notes that Haines left Staunton at age 14 and resided in Hopewell, Va., and Greenwich Village in New York City until 1922, when he was “discovered” by a talent scout and sent to Hollywood.
“Between 1922 and 1934, Haines appeared in 54 movies during his meteoric and highly successful career,” the Arcadia Project statement continues, noting he transitioned from silent movies to talkies and was fully open about being gay. “But when Hollywood’s moral crackdown of the 1930s demanded that he end his relationship with his longtime partner Jimmie Shields, Haines refused,” it says.
“For LGBTQ people – then and now – Haines’s choice resonates deeply. Rather than deny who he was, he reinvented himself as an interior designer to the stars,” according to the statement.
It says he helped invent the so-called Hollywood Regency style home and designed homes for Hollywood legends such as Joan Crawford, Gloria Swanson, Carole Lombard, George Cukor, and Jack Warner as well as for political figures like Ronald Reagan when he was governor of California.
“As there is no monument, marker or public recognition for Haines in his hometown of Staunton, Va., Arcadia Project, in collaboration with the LGBTQ+ community in Staunton seeks to commemorate him inside a new cultural center,” the statement says.
It quotes Arcadia Project Executive Director Pamela Mason Wagner as saying, “Naming the movie theater in Haines’ honor is more than an act of historical recognition – it is a powerful statement about visibility, belonging, and whose stories are valued in our community.”
The statement says project leaders hope to open the cultural center in early 2027, with a fundraising campaign seeking to raise $250,000 to renovate the theater.
“If the full goal is not reached, a smaller space within the building will be named for Haines, scaled to the amount of funds raised,” it says. “We truly hope friends and admirers of Billy Haines everywhere will want to participate.”
Donations for the project can be made through this site: www.thearcadiaproject.org
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