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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. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. Michelman said Jones has been on leave from work for a period of time, but he did not know how long.  Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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District of Columbia

D.C. non-profits find creative ways to aid the unhoused amid funding cuts

City’s poor economic mobility makes it easier to slip into homelessness

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Federal funding cuts have led to shortages at local nonprofits that assist D.C.’s unhoused population. (Photo by Joe Pchatree/Bigstock)

Homelessness is unlikely to disappear entirely, but it can be minimized and controlled.

That principle guides Everyone Home Executive Director Karen Cunningham’s approach to homeless support and prevention in D.C.

“There’s always going to be some amount of people who have a crisis,” Cunningham said. “The goal is that if they become homeless, [it’s] rare, brief and non-recurring. And in order for that to be the case, we need to have steady investments in programs that we know work over time.”

Making those investments has proven to be an unprecedented challenge, however. Cunningham said non-profits and other organizations like Everyone Home are grappling with government funding cuts or stalls that threaten the work they do to support D.C.’s homeless population.

Despite a 9% decrease in homelessness from 2024 to 2025, advocates worry that stagnant funding will make that progress hard to sustain. Furthermore, D.C. has the worst unemployment rate in the country at 6.7% as of December. The city’s poor economic mobility makes it easier for people to slip into homelessness and harder to break free of it.

There’s a way forward, Cunningham said, but it’s going to take a lot of perseverance and creative solutions from those willing to stay in the fight.

Fighting through setbacks

Reduced funding from the city government has shifted the way Everyone Home operates.

In D.C.’s fiscal year 2026 budget proposal, homeless services and prevention programs saw stalled growth or financial reductions. Even just a few years ago, Cunningham said Everyone Home received a large influx of vouchers to help people who needed long-term supportive housing. The vouchers allowed the non-profit to break people free of the homeless cycle and secure stable housing.

However, those vouchers are scarce these days. Cunningham said the city is investing less in multi-year programs and more in programs that offer preventative and upfront support.

She said this reality has forced Everyone Home to stop operating its Family Rapid Rehab program, which helps families leave shelters and transition into permanent housing. Current funds couldn’t withstand the size of the program and Cunningham said very few organizations can still afford to run similar programs.

The Family Homelessness Prevention program, however, is thriving and expanding at Everyone Home due to its short-term nature. It provides families with 90-day support services to help them get back on track and secure stable finances and housing.

Everyone Home also offers a drop-in day center, where they provide people with emergency clothing, laundry, and meals, and has a street outreach team to support those who are chronically homeless and offer services to them.

Inconsistencies in financial support have created challenges in providing the necessary resources to those struggling. It’s led non-profits like Everyone Home to get creative with their solutions to ensuring no one has recurring or long spouts of homelessness.

“It’s really a sustained investment in these programs and services that can allow us to chip away, because if you put all these resources in and then take your foot off the gas, there’s always people entering the system,” Cunningham said. “And so we have to always be moving people out into housing.”

Getting people in and out of the homeless system isn’t easy due to D.C.’s struggle with providing accessible and affordable housing, D.C. Policy Center executive director Yesim Sayin said in a Nov. 16 Washington Blade article.

Sayin said that D.C.’s construction tailors to middle or upper class people who live in the city because work brought them there, but it excludes families and D.C. natives who may be on the verge of homelessness and have less geographic mobility.

Building more and building smarter ensures D.C.’s low-income population aren’t left behind and at risk of becoming homeless, Sayin said.

That risk is a common one in D.C. given its low economic mobility. Residents have less room to financially grow given the city’s high cost of living, making vulnerable communities more prone to homelessness.

With funding cuts for long-term programs, preventative programs have proven to be vital in supporting the homeless population. When someone becomes homeless, it can have a snowball effect on their life. They aren’t just losing a house –– they may lose their job, access to reliable transportation and food for their family.

Cunningham said resources like the Family Homelessness Prevention program allows people to grow and stabilize before losing crucial life resources.

“Helping people keep what they have and to try to grow that as much as possible is really important where there aren’t a lot of opportunities…for people to increase their income,” Cunningham said.

Through all the funding cuts and reduced services, D.C.’s homeless support organizations are still finding a path forward –– a path that many residents and families rely on to survive.

Pushing forward

Local non-profits and organizations like Everyone Home are the backbone of homeless support when all other systems fail.

When the White House issued an executive order directing agencies to remove homeless encampments on federal land, Coalition For The Homeless provided ongoing shelter to those impacted.

“We were asked by our funders to open two shelters at the time of the encampment policy announcement,” Lucho Vásquez, executive director of Coalition For The Homeless, said. “We opened the shelters on the same day of the request and have been housing 100 more people who are unhoused each night since August.”

This was achieved even after Coalition faced “severe cuts in funding for supportive and security services,” according to Vásquez. Staff members have taken on additional responsibilities to make up for the loss in security coverage and supportive services with no increase in pay, but Vásquez said they’re still trying to fill gaps left by the cuts.

Coalition offers free transitional housing, single room occupancy units and affordable apartments to people who were unhoused. 

Coalition For The Homeless isn’t the only non-profit that’s had to step up its services amid dwindling resources. Thrive D.C. provides hot meals, showers, and winter clothes, which is especially important during the winter months.

Pathways to Housing D.C. offers housing services for people regardless of their situation or condition. Its “Housing First” teams house people directly from the streets, and then evaluate their mental and physical health, employment, addiction status, and education challenges to try to integrate them back into the community.

Covenant House is a homeless shelter for youth ages 18-24. They provide resources and shelter for youth “while empowering young people in their journey to independence and stability,” its website reads. Through its variety of programs, Friendship Place ended or prevented homelessness, found employment and provided life-changing services for more than 5,400 people. 

These groups have made a huge local difference with little resources, but Cunningham said there are more ways for people to support those experiencing homelessness if they’re strapped for time or money. Aside from donating and volunteering, she said even simply showing compassion toward people who are struggling can go a long way. 

Cunningham said compassion is something that’s been lost in the mainstream, with politicians and news anchors regularly directing hostile rhetoric toward homeless populations. But now more than ever, she said caring and understanding for fellow community members is key to moving forward and lifting those in need up.

“People sometimes feel invisible or that there’s a sense of hostility,” Cunningham said. “I think all of us can at least do that piece of recognizing people’s humanity.”

(This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)

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