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.”

Milton, Del., will host its Pride Fest this Saturday with the theme “Small Town, Big Heart.” The town’s population of just over 3,000 is in its sixth year hosting Pride.
The event is hosted by Sussex Pride and Milton Theatre and will take place from 4-8 p.m. in the area surrounding the theater. Admission is pay-what-you-can and proceeds will support the Milton Theatre’s education wing campaign, an initiative dedicated to expanding arts education and creating spaces for the next generation of performers and artists.
The musical act schedule includes Goldstar at 4 p.m., Magnolia Applebottom and Friends at 5:30 p.m., and Mama’s Blacksheep at 6:45 p.m. There will be vendors, food trucks, and a Kids Fest with an inflatable obstacle course.
“In our little corner of the world, LOVE leads the way! Milton Pride 2025 is a celebration for EVERYONE — neighbors, families, allies, and friends — because acceptance, kindness, and community belong to us all,” Milton Theatre’s website reads. “Whether you’re here to cheer, learn, or simply feel the joy … you’re welcome exactly as you are. Let’s come together and celebrate Milton, a SMALL TOWN … with a BIG HEART!”
Congress
Torres: gay Venezuelan asylum seeker is ‘poster child’ for Trump’s ‘abuses against due process’
Congressman spoke with the Blade Thursday

Democratic U.S. Rep. Ritchie Torres of New York told the Washington Blade during an interview Thursday that his party erred in focusing so much attention on demands for the Trump-Vance administration to return Kilmar Abrego Garcia to the U.S. when the wrongful deportation of Andry Hernández Romero “was much more egregious.”
Hernández is a gay Venezuelan national who was deported to El Salvador in March and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.
“In the case of Andry, the government admits that it has no evidence of gang membership, but he was deported without due process, without a notification to his attorney, without a court hearing to contest the allegations against him, without a court order authorizing his deportation,” the congressman said.
“He had not even the slightest semblance of due process,” Torres said. “And even though he had a court hearing scheduled for March 17, the Trump administration proceeded to deport him on March 15, in violation of a court order.”
“I think we as a party should have held up Andry as the poster child for the abuses against due process, because his case is much more sympathetic,” Torres said. “There’s no one who thinks that Andry is a gang member.”
“Also,” the congressman added, “he’s not a quote-unquote illegal immigrant. He was a lawful asylum seeker. He sought asylum lawfully under the statutes of the United States, but he was deported unlawfully at the hands of the Trump administration.”
Torres was among the 49 members of Congress who joined with Democratic U.S. Sens. Alex Padilla and Adam Schiff of California in writing to Secretary of State Marco Rubio on Monday demanding information about Romero, including proof of life.
The lawmakers urged the State Department to facilitate his access to legal counsel and take steps to return him, expressing fear for his safety — concerns that Torres reiterated on Thursday.
“Jails and prisons can be dangerous places for gay men, and that is especially true of a place like CECOT,” the congressman said. “He fled Latin America to escape violent homophobia. There are a few places on earth that have as much institutionalized homophobia as jails and prisons, and so I do fear for his safety.”
“I released a video telling the story of Andry,” Torres noted, adding, “I feel like we have to do more to raise awareness and the video is only the beginning … And you know, the fact that Abrego Garcia is returning to the United States shows that the administration has the ability to bring back the migrants who were unlawfully deported.”
ICE deported the wrong guy. Now they're trying to hide it.
— Ritchie Torres (@RitchieTorresNY) June 11, 2025
Free Andry. pic.twitter.com/G4hK33oJpw
Torres spoke with the Blade just after Padilla was forcibly removed from a federal building in Los Angeles after attempting to question U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday.
Footage of the senator being pushed out of the room, onto the floor, and handcuffed by officers wearing FBI identifying vests drew outrage from top Democrats in California and beyond.
“It’s the latest reminder that Donald Trump and his administration have no respect for anything or anyone but himself,” Torres told the Blade. “And every bit as outrageous as Donald Trump himself has been the enabling on the part of the congressional Republicans who are aiding and abetting his authoritarian abuses.”
“We have to be vigilant in resisting Donald Trump,” the congressman said. “We have to resist him on the streets through grassroots mobilization. We have to resist him in the courtrooms through litigation. We have to resist him in the halls of Congress through legislation.”
Torres added that “we have to win back the majority in 2026” and “if Republicans have no interest in holding Donald Trump accountable, then those Republicans should be fired from public office” because “we need a Congress that is able and willing to hold Donald Trump accountable, to stand up to his authoritarian assault on our democracy.”
Resisting is “a matter of free speech,” he said, noting that the president’s aim is to “create a reign of terror that intimidates people into silence,” but “we cannot remain silent. We have to unapologetically and courageously exercise our right to free speech, our right to assemble peacefully, and our right to resist an authoritarian president like Donald Trump.”
District of Columbia
Drive with Pride in D.C.
A new Pride-themed license plate is now available in the District, with proceeds directly benefiting local LGBTQ organizations.

Just in time for Pride month, the D.C. Department of Motor Vehicles has partnered with the Mayor’s Office of LGBTQ Affairs to create a special “Pride Lives Here” license plate.
The plate, which was initially unveiled in February, has a one-time $25 application fee and a $20 annual display fee. Both fees will go directly to the Office of Lesbian, Gay, Bisexual, Transgender and Questioning Affairs Fund.
The MOLGBTQA Fund provides $1,000,000 annually to 25,000 residents through its grant program, funding a slew of LGBTQ organizations in the DMV area — including Capital Pride Alliance, Whitman-Walker, the D.C. Center for the LGBTQ Community, and the Washington Blade Foundation.
The license plate features an inclusive rainbow flag wrapping around the license numbers, with silver stars in the background — a tribute to both D.C.’s robust queer community and the resilience the LGBTQ community has shown.
The “Pride Lives Here” plate is one of only 13 specialty plates offered in the District, and the only one whose fees go directly to the LGBTQ community.
To apply for a Pride plate, visit the DC DMV’s website at https://dmv.dc.gov/
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