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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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Mali

Mali on the verge of criminalizing homosexuality

Country’s Traditional National Council has drafted a new penal code

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(Photo by Rawf8/Bigstock)

Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.

Minister Mamoudou Kassogué after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.

“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values ​​are violated by people from elsewhere.”

Nginda Nganga, an African LGBTQ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.

“LGBTQI+ people have always existed, and they always will. It’s a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “It’s strange.”

Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the country’s problems.

“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.

Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.

Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ community, even though President Assimi Goïta has not approved them.

The LGBTQ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.

Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.

People in some regions who are found to be part of the LGBTQ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ rights.

The actual ramifications of Kassogué’s statements as they relate to consensual same-sex sexual relations or LGBTQ advocacy in the country remain unclear.

Arrests of LGBTQ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ or activists.

Goïta, for his part, has yet to explicitly make any public comment on LGBTQ-specific issues. He has, however, often spoke about his support for Islamic and African values.

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Maryland

Seven Salisbury University students arrested, charged in hate crime investigation

Suspects reportedly used Grindr to target victim

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(Bigstock photo)

Seven Salisbury University students have been arrested and charged in an alleged attack on a gay man that police are investigating as a hate crime.

Salisbury Police said the seven men, ages 18 to 20, used a social media account to invite a man to an apartment complex near the university on Oct. 15 “under false pretenses” and then attacked the man, whom they said was targeted for his sexual orientation.

The rest of this article can be read on the Baltimore Banner’s website.

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District of Columbia

D.C. voters approve controversial Initiative 83

Proponents hope measure will allow more minority votes to be heard

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Initiative 83 supporters celebrated at Crush Bar on election night. (Washington Blade photo by Michael Key)

It’s ironic that the city that is home to the federal government gets almost no say in how the federal government is run.

From license plates that display the phrase “No Taxation Without Representation” to countless “51st State” stickers seen everywhere, the residents of Washington are well aware that their vote carries less weight than other Americans.

Despite this, one group in Washington is attempting to expand residents’ electoral power through Initiative 83. The group ‘Yes On 83’ has been the driving force behind the measure. They have put up signs across the city, handed out flyers, and spoken to people about what the initiative would change.  

“Initiative 83 is a two-part ballot initiative,” said Porter Bowman, the volunteer communications director for Yes On 83. “It does two things. One, would implement ranked choice voting in primaries and general elections in D.C., as well as let independents vote in the primary of their choosing.”

On Tuesday after the polls closed, the Yes on 83 team gathered at Crush Dance Bar on 14th Street for an election watch party. There, groups of purple wearing volunteers gathered on the dance floor to celebrate their work and watch election results trickle in.

One of those volunteers is Ruby Coleman, the student engagement coordinator for the Yes On 83 campaign and an American University student who was passionate about the measure. She explained this is a win for Washington voters, regardless of how they voted on the measure.

“It will hold our politicians accountable,” Coleman said as her co-volunteers danced behind her. “Ranked choice voting will make it easier to vote out politicians who do not work for us, since they need the 50% threshold, it’ll make it a lot easier for us to vote them out.”

 In ranked choice voting, 51% is the golden number. The way ranked choice voting works is voters rank their preferred candidates in order of preference (first, second, third). Then, only the first choices of voters are counted. If a candidate wins more than 50% of the vote they win the race. 

If no candidate reaches that 51% threshold, then the person with the least number of votes is eliminated and everyone who voted for the now eliminated candidate has their second option vote counted. This process of eliminating the lowest supported candidate continues until one of the candidates reaches above 50% of the vote.

This in theory encourages voters to research all the potential candidates’ platforms and ideas, as well as provide more balanced voting by eliminating “spoiler” votes where similar candidates split the vote causing neither to win. 

In addition to ranked choice voting, Initiative 83 also allows for independents, or those not registered to any party, to vote in Washington’s primary elections. Washington has formerly only allowed registered partisan voters to partake in primary votes.  

There are many reasons why residents may not register under a major party. Some people feel party platforms don’t reflect their ideas, others, like journalists and high-level federal workers, may not register to avoid appearing partisan.

At about 10:15 p.m. on Tuesday, the Yes On 83 group celebrated a premature victory. At this point, approximately 55% of Washingtonians’ votes had been counted. The ‘Yes’ vote for Initiative 83 held a strong lead, with 72% in favor, while the ‘No’ vote trailed at less than 30%.

Lisa D. T. Rice, the proposer of the initiative, was beaming on Crush’s stage as she addressed the volunteers on the dance floor. 

“After a full, tiring, but momentous day, I’m especially proud and looking over the sea of faces, I know what an amazing team we have here,” Rice said to start her nearly eight-minute-long speech. “As a native Washingtonian woman of persistence, I proposed Initiative 83 here in my hometown to put voters first. I love this city, and I think we deserve a political system where politicians have to work harder to earn our votes.”

Proponents of Initiative 83 have said the ranked choice system will allow for more voices to be heard, including those of the LGBTQ community. 

“In ranked choice voting, you have the opportunity to vote based on your values and not necessarily strategically,” Coleman told the Blade. “That means that you can vote for someone who you want to win over someone who you think is going to win.”

“A very easy example of this is if you’re looking at the presidential election and you want to vote third party, but you think the Democratic candidate might win, you can still vote third party first and put the Democratic candidate second,” Coleman continued. “You’re not losing any votes. You’re not wasting your votes. And so that’s the same minority candidates, including LGBTQ candidates. Studies have shown that ranked choice voting elects women, minority candidates, and candidates of color at a higher rate because people are not afraid to vote for them, to put them first.”

Opponents of ranked choice voting have said the process is too complicated and will lead to voter confusion, a longer counting process, and may not reflect the true majority preference.

Despite this opposition, Washington has approved the initiative; 186,277 (or around 72%) of Washington voters said yes to the initiative, while 70,045 (27%) voters said no. 

“Ranked choice voting is a proven system to hold politicians accountable to a majority of voters, and letting independents like me, independents like me, vote in these taxpayer funded primaries, is just the right thing to do,” Rice continued in her victory speech. “We built a strong coalition of voters across the district, all wards, backgrounds, races, classes and political ideologies, who realized it’s time to make politicians work harder for us. Thank you to those who believed in us and joined us on this journey.”

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