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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-pageĀ 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 Utahā€™s prohibition on same- sex marriage conflicts with the United States Constitutionā€™s guarantees of equal protection and due process under the law,” Shelby writes. “The Stateā€™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 ā€” handed down in response to a request for summary judgment from all parties involved ā€” 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 courtā€™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 Generalā€™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.

ā€œI 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.ā€

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” ā€” 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 countryā€™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 ā€“ Derek Kitchen and Moudi Sbeity; Karen Archer and Kate Call; and Laurie Wood and Kody Partridge ā€” whoĀ were represented by the law firm of Magleby & Greenwood.Ā 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,Ā 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 Scaliaā€™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 Utahā€™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 humanĀ dignity and liberty by denying them the freedom to marry the partner of their choice. Utahā€™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 ā€“ 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.ā€

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South America

Lesbian couple dies after man sets Buenos Aires boarding house room on fire

Suspect has been charged with homicide

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(Washington Blade photo by Michael Key)

Two people died and at least five others were injured on Monday when a man threw a Molotov cocktail into the room of a Buenos Aires boarding house in which two lesbian couples lived.

The fire took place at around 1 a.m. in a house at 1600 OlavarrĆ­a St., between Isabel la CatĆ³lica and Montes de Ocoa in Buenos Aires’s Barracas neighborhood. The blaze forced roughly 30 people to evacuate, and the injured were taken to local hospitals.

Police say Justo Fernando Barrientos, 68, sprayed fuel and set fire to the room where Mercedes Figueroa, 52, lived together with Pamela Fabiana Cobas, 52, and SofĆ­a Castro Riglos, 49, and Andrea Amarante, 42.

Figueroa and Cobas both died. Castro and Amarante are hospitalized at Penna Hospital in Buenos Aires.

Witnesses say the fire started on the second floor when Barrientos threw a Molotov cocktail inside the women’s room, and it soon spread throughout the property. LGBTQ organizations in Argentina have described the blaze as a hate crime because Barrientos had already threatened to kill the women because they are lesbians.

“We are in a rather complex context, where from the apex of power, the president himself and his advisors and downwards permanently instill a hate speech, instilling it when they close the (National Institute Against Discrimination, Xenophobia and Racism or INADI), stigmatizing the population that is there and the vulnerable groups,” Congressman Esteban PaulĆ³n, a well-known LGBTQ activist, told the Washington Blade.

“All this is generating a climate of violence,” he said. “The fact that it happened in the city of Buenos Aires, which is terrible … has to be investigated.”

PaulĆ³n said President Javier Milei’s government has installed in the public discourse speeches and actions against the LGBTQ community that have provoked more violence based on sexual orientation and gender identity. 

“All that is installed … and then there are people who fail to make a mediation of that, that fail to make a critical analysis of that and can end up generating an act of hatred like this, which is tragic and that already took the lives of two people,” he said.

The Argentine LGBT+ Federation on social media said it was looking for the victims’ families and friends, but has yet to be able to connect with them.

“We are going to stand by them, making ourselves available for whatever they and their families need, and we will closely follow the court case so that there is justice,” said the organization. “But we cannot fail to point out that hate crimes are the result of a culture of violence and discrimination that is sustained on hate speeches that today are endorsed by several officials and referents of the national government.”

100% Diversidad y Derechos, another advocacy group, demanded the investigation address the attack “with a gender perspective and as motivated by hatred towards lesbian identity.”

Barrientos has been arrested, and will be charged with murder. Activists have requested authorities add discrimination and hate provisions to the charges.

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National

Target limits Pride Month collection salesĀ 

Attacks against employees, threats prompted company to remove LGBTQ products in 2023

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(Photo by Jonathan Weiss via Bigstock)

The Minneapolis-based retail giant Target has announced that it has scaled back availability of its LGBTQ Pride Month collection to select stores and online sales. In May of last year the retailer was forced to remove its LGBTQ merchandise after attacks on employees and emailed threats including bomb threats.

In a media statement to the Washington Blade deflecting on specifics regarding the company’s decision to only offer its Pride collection to only about roughly half of its nearly 2,000 stores nationwide, a spokesperson for Target said:

“Target is committed to supporting the LGBTQIA+ community during Pride Month. Beyond our own teams, we will have a presence at local Pride events in Minneapolis and around the country, and we continue to support a number of LGBTQIA+ organizations. Additionally, we will offer a collection of products for Pride, including adult apparel, home products, food and beverage, which has been curated based on guest insights and consumer research. These items, starting at $3, will be available in select stores and on Target.com.”

In an emailed statement reacting to the news Human Rights Campaign President Kelley Robinson said:

ā€œPride merchandise means something. LGBTQ+ people are in every zip code in this country, and we arenā€™t going anywhere. With LGBTQ+ people making up 30 percent of Gen Z, companies need to understand that community members and allies want businesses that express full-hearted support for the community. That includes visible displays of allyship. 

Targetā€™s decision is disappointing and alienates LGBTQ+ individuals and allies at the risk of not only their bottom line but also their values.ā€

Related

In May 2023, police departments in Utah, Ohio, and Pennsylvania aided by assistance from agents from Federal Bureau of Investigation Field Offices in Ohio and Utah investigated threats, including a bomb threat to multiple Utah locations, made by email to local media referencing the retail chain Targetā€™s LGBTQ merchandise collections celebrating Pride Month.

At the time last May, Target spokesperson Kayla CastaƱeda released a statement from the company:

ā€œFor more than a decade, Target has offered an assortment of products aimed at celebrating Pride Month. Since introducing this yearā€™s collection, weā€™ve experienced threats impacting our team membersā€™Ā sense of safety, and well-being while at work. Given these volatile circumstances, we are making adjustments to our plans, including removing items that have been at the center of the most significant confrontational behavior. Our focus now is on moving forward with our continuing commitment to the LGBTQIA+ community and standing with them as we celebrate Pride Month and throughout the year.ā€

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Canada

Prominent Ugandan activist asks for asylum in Canada

Steven Kabuye stabbed outside his home on Jan. 3

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Steven Kabuye (Photo via X)

A prominent Ugandan activist who was stabbed outside his home earlier this year has asked for asylum in Canada.

Two men on motorcycles attacked Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, on Jan. 3 while he was going to work. 

Kabuye posted a video to his X account that showed him on the ground writhing in pain with a deep laceration on his right forearm and a knife embedded in his stomach.

He spoke with the Washington Blade from Kenya on Jan. 8 while he was receiving treatment. Kabuye arrived in Canada on March 6.

Kabuye during an April 27 telephone interview with the Blade from Canada said Rainbow Railroad, a group that works with LGBTQ and intersex refugees, helped him “get away from the dangers that were awaiting me in Kenya and Uganda.” Kabuye said he asked for asylum in Canada because he “cannot return to either Uganda or Kenya.”

“The Ugandan government fails to get the culprits who wanted to end my life,” he said.

Kabuye told the Blade that Ugandan police officials threaten his colleagues when he publicly speaks about his case.

“Every time I come up and demand for the police to act out, they end up calling the colleagues of mine that remain in Uganda and intimidate them so they can scare me off, so they can make me pack up and keep quiet,” he said.

Ugandan President Yoweri Museveni last May signed his country’s Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.” 

Canadian Foreign Minister MĆ©lanie Joly described the law as a “blatant violation of human rights and fundamental freedoms of LGBTQ+ Ugandans.”

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists have appealed the ruling.

“The previously concluded ruling did not make a difference,” said Kabuye.

Kabuye told the Blade he has an interview with Canadian immigration officials on Friday. He said he will continue to advocate on LGBTQ Ugandans from Canada. 

“I’m very grateful to Rainbow Railroad,” said Kabuye. “They’ve still given me a chance to continue my advocacy.”

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