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Utah att’y gen’l seeks to halt same-sex marriages

Tarbet says ruling shifts away ‘from society’s understanding of what marriage is’

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Gary Herbert, Utah, Republican Party, gay news, Washington Blade
Gary Herbert, Utah, Republican Party, gay news, Washington Blade

Utah Gov. Gary Herbert is seeking to halt same-sex marriages in Utah. (Photo public domain)

The governor of Utah and the state’s acting attorney general are calling for a halt to same-sex marriages in the state following a wave of couples exchanging vows after a court ruling instituting marriage equality.

Acting Attorney General Brian Tarbet — along with attorneys for Gov. Gary Herbert — filed two requests on Friday for emergency stays. One is before the district court that struck down the state’s ban on same-sex marriage, the other is before the U.S. Tenth Circuit Court of Appeals, where it is anticipated state officials will appeal the decision.

The request before the district court, which stunned the nation by delivering a surprise ruling in favor of marriage equality in the country’s most conservative state, says a stay should be put in place because the Tenth Circuit has no precedent for marriage equality and other courts have upheld bans on same-sex marriage.

“This Court’s decision constitutes a fundamental shift away from society’s understanding of what marriage is,” the requests states. “For over one hundred years Utah has adhered to a definition of marriage as the union of a man and a woman and has never recognized as a marriage any other kind of relationship…And, Utah does not stand alone. A majority of States adhere to the same definition of marriage.”

Moreover, Herbert’s attorneys write that continuing to allow same-sex couples to wed could subject them to “irreparable harm” if a higher court decides to overturn the ruling.

“Such marriages would be entered into under a cloud of uncertainty,” the requests states. “Should the appeal be successful those couples may suffer irreparable harm when their marriages are declared invalid.”

The decision on instituting a stay won’t happen immediately. According to the Associated Press, the attorney general’s office reportedly said the judge would need a couple of days to review any request for an emergency stay.

UPDATE: In response to the state’s request for a stay, U.S. District Judge Robert Shelby scheduled a hearing on Monday at 9 am. The docket doesn’t give any indication of whether Shelby will announce a decision once the hearing is complete, or at a later time.

Shelby also gives the plaintiff same-sex couples in the case until 5 pm on Sunday to respond to the stay, and defendants the opportunity the reply to that response.

Attorneys representing the plaintiffs at Magleby and Greenwood PC already responded to the request before the Tenth Circuit, saying the state didn’t address issues the appellate court considers important in deciding whether to grant a stay.

“[A]s the District Court explained in its summary judgment order, ‘the harm experienced by same- sex couples in Utah as a result of their inability to marry is undisputed’ in this matter,” the brief states.

In a blog post, University of Southern California law professor David Cruz writes that Shelby is “unlikely” to grant a stay on Utah same-sex marriage, and if the Tenth Circuit does, it won’t be the result of the state’s arguments.

“It can be hard to convince judges that they made a mistake in their rulings,” Cruz said. “But the state officials did not even make much effort here. Their position basically was a safety-in-numbers argument: we’ve got lots of cases we cited upholding laws excluding same-sex couples from marriage.”

The ruling in favor marriage equality unleashed of wave of gay couples applying for marriage licenses in the few hours on Friday after the decision was handed down, but before the clerks’ offices closed.

According to KSL News, the Salt Lake City county clerk issued between 115 and 120 marriage licenses, breaking a record for the number issued in one day. Salt Lake City Mayor Ralph Becker was at the clerk’s office and performed 35 same-sex marriages. State Sen. Jim Dabakis, who’s gay and chair of the Utah Democratic Party married his longtime partner Stephen Justesen.

But not all gay couples were allowed the opportunity to wed. According to Reuters, same-sex couples also tried to obtain marriage licenses in Weber County, Washington County, Davis County and Utah County, but clerks there turned them away on the grounds that they needed to see the federal court ruling and evaluate it.

Meanwhile, the Salt Lake City county clerk pledged to open again on Saturday at 11 am to accommodate more couples seeking to wed.

The window of opportunity for these gay couples may be short. If the courts institute a stay on the ruling as requested by the state, it would mean gay couples would no longer be able to obtain marriage licenses from clerks throughout the state.

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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

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D.C. Council member Zachary Parker (D-Ward 5) is the Council’s only gay member. (Washington Blade file photo by Michael Key)

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. 

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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

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(Photo by fifg/Bigstock)

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.

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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

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William ‘Billy’ Haines (Photo public domain)

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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