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Appeals court denies stay on Utah same-sex marriages

Tenth Circuit allows gay nuptials to continue following surprise court ruling

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National LGBT Bar Association, Gay News, Washington Blade

The Tenth Circuit has denied Utah official emergency request for a stay on same-sex marriages. (image courtesy Wikimedia Commons)

An appellate court on Sunday rejected at this time Utah state officials’ request for a stay on same-sex marriages within the state, allowing the weddings to continue following a district court ruling last week instituting marriage equality.

In a two-page order, U.S. Circuit Judges Jerome Holmes and Robert Bacharach deny the state’s request for an emergency stay as a district court considers on its own stay of the marriages, saying the state hasn’t addressed the necessary factors.

“Because the motion before us does not meet the requirements of the Federal or local appellate rules governing a request for a stay, we deny the motion,” the judges write.

However, the court says it would consider a stay on the marriages at a later time if state officials ā€” Gov. Gary Herbert and Acting Attorney General Brian Tarbet ā€” refile their request and meet the requirements.

State officials had filed both a requestĀ for a stay with the district court that instituted marriage equality and an emergency request for a stay before the Tenth Circuit.

In response, U.S. District Judge Robert Shelby has set a hearing Monday on whether he’ll stay his surprise decision last week instituting marriage equality throughout Utah.

Also on Sunday, attorneys for same-sex couples filed before the district court a response to state officials’ request for a stay, saying Shelby shouldn’t halt the same-sex marriages because such action would cause “irreparable harm.”

“The State Defendants do not have a likelihood of succeeding on appeal and a stay would not serve the public interest,” the brief states. “Plaintiffs would suffer numerous hardships of constitutional magnitude if a stay were to be issued, while the State Defendants have not shown how they would suffer in any meaningful way if the Order were enforced.”

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Ukraine

Kharkiv activists hold annual Pride event

Russian airstrikes regularly target Ukrainian city

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Upwards of 60 people took part in the annual Kharkiv Pride march in Kharkiv, Ukraine, on Sept. 15, 2024. (Photo courtesy of Kharkiv Pride)

Upwards of 60 people participated in a Pride event that activists organized in the Ukrainian city of Kharkiv on Sunday.

A press release that Kharkiv Pride released notes 13 cars “drove along one of the city’s main avenues to raise awareness about the need to uphold human rights and secure international support for the defense and recovery of Kharkiv.”

Kharkiv, which is Ukraineā€™s second-largest city, is less than 30 miles from the Russian border in the eastern part of the country. 

Russia has repeatedly targeted the city since the Kremlin launched its war against Ukraine on Feb. 24, 2022. 

A Russian airstrike on March 1, 2022,Ā killedĀ Elvira Schemur, an LGBTQ rights activist who volunteered for Kharkiv Pride and Kyiv Pride, a group that is in the Ukrainian capital. Sarah Ashton-Cirillo, a transgender American journalist who is now a member of the Ukrainian Defense Forces, arrived in Kharkiv eight days after Schemur’s death.Ā 

The Kharkiv Pride press release notes “several “LGBTQ+ soldiers participated in the march.”

“We need to show visibility that there are LGBTQ+ people in the army,” said Vlad, an LGBTQ soldier identified by the call sign “Sapsan,” in the Kharkiv Pride press release. “Those who attend the march represent the voices of those on the front lines and, sadly, those who are no longer with us.” 

A soldier participates in the annual Kharkiv Pride event in Kharkiv, Ukraine, on Sept. 15, 2024. (Photo courtesy of Kharkiv Pride)

Kharkiv Pride in its press release expressed support for bills that would legally recognize same-sex couples and add sexual orientation and gender identity to Ukraine’s hate crimes law.

President Volodymyr Zelenskyy in August 2022 endorsed the civil partnerships bill. 

Zelenskyy in 2021 pledged Ukraine would continue to fight discrimination based on sexual orientation and gender identity after he met with President Joe Biden at the White House. Ukrainian lawmakers in late 2022 unanimously approved a media regulation bill that bans hate speech and incitement based on sexual orientation and gender identity.

“Each group of cars carried specific messages to authorities and international partners,” said Kharkiv Pride in its press release. “Kharkiv Pride is urging the Verkhovna Rada of Ukraine (Parliament) to pass legislation that strengthens accountability for hate crimes (Bill ā„– 5488) and introduces registered partnerships (Bill ā„– 9103.)”

“Activists are also appealing to European countries to help protect Kharkivā€™s skies with modern air defense systems and to international partners to consider the needs of underrepresented and vulnerable groups, involving them in decision-making processes during recovery planning,” it added.

Kharkiv Pride Co-organizer Anna Sharyhina noted this year’s theme was “Together for Equality and Victory.”

“We remember every day how important Ukraine’s victory is,” said Sharyhina. “Just as important to us is the fight for equal rights and the protection of the LGBTQ+ community. People who are fighting, risking their lives, cannot be denied their rights. It is both unjust and undignified, and the war has only highlighted these challenges.” 

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National

Leaders of terrorist group targeted ā€˜Black, immigrant, LGBT, Jewish peopleā€™

FBI arrests two leaders of ā€˜Terrogram Collectiveā€™

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The FBI and Justice Department arrested two men in connection with a terror plot targeting LGBT people, among others. (Photo by BILLPERRY/Bigstock)

In a little-noticed development, the FBI and the U.S. Department of Justice announced on Sept. 9 that federal prosecutors obtained indictments against two leaders of a U.S.-based terrorist group that allegedly was arranging for the murder of federal government officials and soliciting others to commit hate crimes against ā€œBlack, immigrant, LGBT, and Jewish people.ā€

The Sept. 9 announcement says Dallas Humber, 34, of Elk Grove, Calif., and Matthew Allison, 37, of Boise, Idaho, who are leaders of the Terrorgram Collective, a transnational terrorist organization, were charged in a 15-count indictment for ā€œsoliciting hate crimes, soliciting the murder of federal officials, and conspiring to provide material support for terrorists.ā€

It says the two men were arrested on Sept. 6, but it does not say where they were at the time of their arrest.

ā€œTodayā€™s indictment charges the defendants with leading a transnational terrorist group dedicated to attacking Americaā€™s critical infrastructure, targeting a hit list of our countryā€™s public officials, and carrying out deadly hate crimes ā€“ all in the name of violent white supremacist ideology,ā€ U.S. Attorney General Merrick Garland said in the announcement.

ā€œThis indictment charges the leaders of a transnational terrorist group with several civil rights violations, including soliciting others to engage in hate crimes and terrorist attacks against Black, immigrant, LGBT, and Jewish people,ā€ Assistant U.S. Attorney General Kristen Clarke said in the announcement. ā€œMake no mistake, as hate groups turn to online platforms, the federal government is adapting and responding to protect vulnerable communities,ā€ Clarke said.

U.S. Attorney for the Eastern District of California, Phillip A. Talbert, one of the prosecutors in the case, added in the announcement, ā€œThe defendants solicited murders and hate crimes based on the race, religions, national origin, sexual orientation, and gender identity of othersā€¦My office will continue to work tirelessly with our partners in law enforcement and in the Justice Department to investigate and prosecute those who commit such violations of federal criminal law.ā€

The announcement also says federal investigators determined Hunter and Alison helped to develop a ā€œhit listā€ of targets for terrorist attacks and hate crimes that included ā€œU.S. federal, state, and local officials, as well as leaders of private companies and non-government organizations, many of whom were targeted because of race, religion, national origin, sexual orientation, or gender identity.ā€

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District of Columbia

LGBTQ veterans event set for Sept. 20 at D.C.ā€™s Crush Dance BarĀ 

Event to commemorate 13th anniversary of repeal of ā€˜Donā€™t Ask, Donā€™t Tellā€™

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Crush Dance Bar on Sept. 20, 2024, will host an event that commemorates the 13th anniversary of the repeal of 'Don't Ask, Don't Tell.' (Washington Blade photo by Michael Key)

The Mayorā€™s Office of Veterans Affairs and the Mayorā€™s Office of LGBTQ Affairs are hosting a special event on Friday, Sept. 20, to commemorate the 13th anniversary of the repeal of the federal “Donā€™t Ask, Donā€™t Tell” law that banned LGBTQ people from serving openly in the U.S. military. 

The event, called ā€œVoicesĀ of Courage: Reclaiming the Legacy of LGBTQIA+ Inclusion In the Military,ā€ will take place from 3-5 p.m. at D.C.ā€™s LGBTQ Crush Dance Bar at 2007 14thĀ St., N.W.Ā 

An announcement from the mayorā€™s office says the keynote speaker at the event will be Under Secretary of Defense For Personnel And Readiness Shawn G. Skelly, who will discuss ā€œher experiences of service and the future of the LGBTQIA+ inclusion in the military.ā€

Skelly, a military veteran, will be joined by another veteran who will also speak at the event, Pip Baitinger, who currently serves as LGBTQIA+ Veterans Outreach and Relation Specialist in the Executive Office of the D.C. Mayor. 

The announcement says the event will also include an official reading of a proclamation to be issued by D.C. Mayor Muriel Bowser declaring Sept. 20, 2024, as LGBTQIA+ Veterans Day in Washington, D.C. 

ā€œOn this day, we honor and celebrate the LGBTQIA+ veterans who have served with honor and bravery, and we reaffirm our dedication to fostering an inclusive and respectful environment for all who have served our nation,ā€ the mayorā€™s proclamation says. 

A statement from the mayorā€™s office says that since the “Donā€™t Ask, Donā€™t Tell” law was repealed by Congress in 2011, with the repeal bill signed by then President Barack Obama, ā€œLGBTQ+ service members have enjoyed greater opportunities to serve authentically.ā€

The statement adds, ā€œHowever, many transgender, intersex, nonbinary, and gender non-conforming individuals still face boundaries to serve fully authentically in the armed services.ā€ It says the event will allow attendees to ā€œmix and mingleā€ and allow ā€œveterans, service members, and military family members with lived experiences in navigating restrictive policies to discuss the work that still needs to be done today.ā€

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