News
Utah att’y gen’l seeks to halt same-sex marriages
Tarbet says ruling shifts away ‘from society’s understanding of what marriage is’
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.
Florida
Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections
Bipartisan coalition urges Florida House to reject ‘extremism’ measure
The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.
According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”
In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.
The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.
“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.
Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.
Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.
“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.
“It’s unknown, and we’re really in unchartered waters,” he said.
Uganda
Ugandan activist named Charles F. Kettering Foundation fellow
Clare Byarugaba founded PFLAG-Uganda
The Charles F. Kettering Foundation has named a prominent Ugandan LGBTQ activist as one of its 2026 fellows.
Clare Byarugaba, founder of PFLAG-Uganda, is one of the foundation’s five 2026 Global Fellows.
Byarugaba, among other things, has been a vocal critic of Uganda’s Anti-Homosexuality Act. Byarugaba in 2024 met with Pope Francis — who criticized criminalization laws during his papacy — at the Vatican.
The foundation on its website says it “is dedicated to bringing research and people together to make the promise of democracy real for everyone, everywhere.”
“Clare is the kind of hero who rushes toward the emergency to help,” said PFLAG CEO Brian K. Bond in a Feb. 27 statement to the Washington Blade. “She founded PFLAG-Uganda as the country pushed to criminalize homosexuality and those who support LGBTQ+ people. Yet, she never hesitated in her courage, telling us that families wanted to organize to keep their LGBTQ+ loved ones safe, and PFLAG was the way to do it. Clare Byarugaba not only deserves this honor, but she will use her compassion and experience to teach the world about LGBTQ+ advocacy as a Kettering Global Fellow.”
U.S. Capitol Police on Thursday arrested 13 HIV/AIDS activists in the Cannon House Office Building Rotunda.
The activists — members of Housing Works, Health GAP, and the Treatment Action Group — joined former PEPFAR staffers in demanding full funding of the program that President George W. Bush created in 2003. They chanted “AIDS cuts kill, PEPFAR now!” and unfurled banners from the Rotunda’s second floor that read “Trump and (Office of Management and Budget Director Russell) Vought kill people with AIDS worldwide,” “Over 200,000 deaths since January 2025,” and “Hands off PEPFAR” before their arrest.
(Washington Blade video by Michael K. Lavers)
This protest is the latest against the Trump-Vance administration’s HIV/AIDS policies since it took office.
Secretary of State Marco Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia is among the nations in which the breakthrough HIV prevention drug has arrived.
The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)
Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29, 2025, said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.
The White House in January announced an expansion of the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. The Council for Global Equality and other groups say the expanded rule will adversely impact HIV prevention efforts around the world.
A press release that Housing Works and Health GAP issued on Thursday notes more than $977 million “in appropriated PEPFAR funding for HIV prevention and treatment was unspent by the end of fiscal year (FY) 2025 — triple amount unspent at the end of FY 2024.”
“Activists predict this backlog will worsen rapidly in FY 2026 unless Congress immediately reasserts its Constitutionally-mandated oversight authority,” notes the press release.
The press release also indicates funding for the Centers for Disease Control and Prevention’s PEPFAR programs “will run out” by April 1 because “only 45 percent of their FY26 funding has been transferred from the State Department.
“Unless funding is transferred immediately, CDC’s global HIV programs across sub-Saharan Africa, Asia and the Caribbean will grind to a halt,” notes the press release.
The activists demanded Trump, Vought, Rubio, and Congress do the following:
- Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs
- Immediately release already-appropriated, unobligated PEPFAR funds
- Break the blackout on PEPFAR data, so Congress and people with HIV know how funding is being spent and can program based on data
- Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs.
“PEPFAR has saved more than 26 million lives and changed the trajectory of an epidemic,” said Housing Works CEO Charles King. “However, the Trump administration’s decision, over the objection of Republicans in Congress, to freeze PEPFAR funding has caused decades of progress to come undone and has been a death sentence for people with HIV relying on life-saving treatment. The U.S. must immediately restore PEPFAR funding and regain our standing in the global fight against HIV.”
King is among the activists who were arrested.
(Washington Blade video by Michael K. Lavers)
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