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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 — Gov. Gary Herbert and Acting Attorney General Brian Tarbet — refile their request and meet the requirements.

State officials had filed both a request 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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2 Comments

2 Comments

  1. Lucas Capuzzo

    December 23, 2013 at 5:34 am

    So much work to do …

  2. labman57

    December 23, 2013 at 3:16 am

    That popping noise that you hear is the sound of homophobic, socially-regressive, conservative heads exploding.

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HHS awards more than $48 million to HRSA centers in effort to beat HIV/AIDS

Biden campaigned on beating epidemic by 2025

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HHS Secretary Xavier Becerra hailed the contribution of more than $48 million to beat HIV/AIDS. (photo public domain)

The Biden administration has awarded more than $48 million to medical centers under Health Resources & Services Administration in localities with high incidents of HIV infection as part of the initiative to beat the disease, the Washington Blade has learned exclusively.

Xavier Becerra, secretary of health and human services, said in a statement the contributions are key component of the initiative, which is called “Ending the HIV Epidemic in the U.S.” and seeks to reduce new infections by 90 percent by 2030.

“HHS-supported community health centers are often a key point of entry to HIV prevention and treatment services, especially for underserved populations,” Becerra said in a statement. “I am proud of the role they play in providing critical services to 1.2 million Americans living with HIV. Today’s awards will ensure equitable access to services free from stigma and discrimination, while advancing the Biden-Harris administration’s efforts to ending the HIV/AIDS epidemic by 2025.”

The $48 million contribution went to HRSA centers 71 HRSA-supported health centers across 26 states, Puerto Rico and D.C. — areas identified with the highest rates of HIV infections — to expand HIV prevention and treatment services, including access to pre-exposure prophylaxis (PrEP) as well as outreach and care coordination, according to HHS.

The Ending the HIV Epidemic was set up under the Trump administration, which made PrEP a generic drug after an accelerated effort and set a goal of beating HIV by 2030. Biden has continued the project, after campaigning on beating HIV a full five years earlier in 2025. Observers, however, are skeptical he can meet that goal.

Diana Espinosa, acting HRSA administrator, said in a statement the $48 million will go a long way in reaching goals to beat HIV/AIDS.

“We know our Health Center Program award recipients are well-positioned to advance the Ending the HIV Epidemic in the U.S. initiative, with a particular focus on facilitating access to PrEP, because of their integrated service delivery model,” Espinosa said. “By integrating HIV services into primary care, and providing essential enabling services like language access or case management, HRSA-supported health centers increase access to care and improve health outcomes for patients living with HIV.”

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Draft of new Cuba family code contains marriage equality provision

National Assembly expected to vote on proposal in December

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(Washington Blade photo by Michael K. Lavers)

Cuba’s Justice Ministry on Wednesday released a draft of a proposed new family code that would extend marriage rights to same-sex couples in the country.

Tremenda Nota, the Washington Blade’s media partner in Cuba, reported the proposed Article 61 of the new family code defines “marriage as a union of two people with legal aptitude who voluntarily agreed to enter into it in order to build a life together based on affection and love.”

The Justice Ministry, according to Tremenda Nota, released the draft a week after a commission that has been charged with writing the new family code met with President Miguel Díaz-Canel and other officials.

Tremenda Nota reported the National Assembly is expected to vote on the new family code in December. The Associated Press noted a referendum on it would then take place.

“It protects all expressions of family diversity and the right of each person to establish a family in coherence with the constitutional principles of plurality, inclusion and human dignity,” National Union of Jurists of Cuba Vice President Yamila González Ferrer told the Associated Press.

The draft’s release comes nearly three years after the government removed an amendment from a draft of Cuba’s new constitution that would have extended marriage rights for same-sex couples after evangelical groups on the Communist island publicly criticized it. Cuban voters in February 2019 overwhelmingly approved the new constitution without marriage equality.

A poster inside El Mejunje, an LGBTI-friendly cultural center in Santa Clara, Cuba, in 2019 indicates support for marriage rights for same-sex couples in the country’s new constitution. (Washington Blade photo by Michael K. Lavers)

Cuba would join Costa Rica, Colombia and a handful of other Latin American countries with marriage equality if the new family code draft becomes law.

Former President Fidel Castro in the years after the 1959 revolution that brought him to power sent gay men and others to work camps known by the Spanish acronym UMAP. His niece, Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ-specific issues as director of Cuba’s National Center for Sexual Education (CENESEX), and Díaz-Canel both publicly support marriage equality.

Tremenda Nota Director Maykel González Vivero is among the hundreds of people who Cuban police arrested on July 11 during anti-government protests that took place in Havana and across the country. Luis Ángel Adán Roble, a gay man who was once a member of the National Assembly, is among those who have been banned from leaving the country.

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Hong Kong Gay Games postponed for one year

Organizers cite potential COVID-related travel restrictions

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The Gay Games in Hong Kong are delayed until 2023. (Photo by Alkhairul via Bigstock)

Officials with Gay Games Hong Kong 2022, the committee organizing the quadrennial international LGBTQ sports event scheduled to take place in Hong Kong in November 2022, announced on Sept. 15 that the Gay Games will be postponed for one year due to concerns over the COVID-19 pandemic.

“After much internal deliberation and in consultation with the Federation of Gay Games (FGG) leadership and board, it has been decided that Gay Games 11, originally scheduled for November 2022, will be postponed to November 2023 in Hong Kong,” a statement released by the organizing committee says.

“This decision has been made primarily due to the unpredictable progression of COVID variants and the corresponding travel restrictions that continue to make it challenging for participants from around the world to make plans to travel to Hong Kong,” the statement says.

“With many parts of the world, including many across Asia, still struggling to contain the virus and facing uneven access to vaccines, we felt that delaying the Games until November 2023 will enhance the likelihood of delivering on our promise to have the Hong Kong Games serve as a beacon of hope for the wider community across the region,” it says.

In 2017, when the U.S.-based Federation of Gay Games selected Hong Kong to host the Games it predicted at least 12,000 athletes would participate in 36 sports at the Hong Kong Games. It also predicted that at least 75,000 spectators from throughout the world would turn out in Hong Kong to watch the games and participate in at least 20 accompanying arts and cultural events.

In its statement this week announcing the one-year postponement, the Gay Games Hong Kong committee also referred to opposition to the event expressed by some officials with the local Hong Kong government who are said to be aligned with China.

The Washington Post reported last month that one pro-Beijing lawmaker called the Gay Games “disgraceful” and a “wolf in sheep’s clothing” that could violate a strict security law imposed on Hong Kong by China that has led to the arrest and imprisonment of many pro-democracy protesters over the past year. Some have expressed concern that Gay Games spectators from Europe, North America or elsewhere could be subjected to arrest if they make statements critical of China during the Gay Games cultural events.

“Anti-inclusion objections to Gay Games Hong Kong from a small but vocal minority have galvanized the resolve of our 300 volunteers, and brought overwhelming support from the general public, business community and establishment legislators,” the Gay Games Hong Kong statement says. “Mrs. Carrie Lam, Hong Kong Chief Executive, has also expressed her support for the spirit of inclusion and diversity of the games,” according to the statement. 

“We would like to thank everyone for their early support and will ride this wave of positivity to the most successful hosting of Gay Games 11 Hong Kong in 2023,” the statement concludes.

D.C. and Guadalajara, Mexico were the two finalist cities competing with Hong Kong to host the 2022 Gay Games. D.C. Mayor Muriel Bowser traveled to Paris in 2017 to join officials with Team DC, the local LGBTQ sports organization that helped prepare D.C.’s bid to host the Games, to deliver D.C.’s final but unsuccessful presentation before the FGG in support of its bid to host the Games.

Under FGG rules and past practice, the finalist city or cities that competed to host the Gay Games are given an opportunity to reinstate their bid in the unlikely event that the city selected to host the Games can no longer serve as the host city.

Brent Minor, executive director of Team D.C., who served as chair of D.C.’s Gay Games Bid Committee in 2017, did not respond to a request from the Blade for comment on whether Team D.C. would consider renewing its effort to push for D.C. to host the Gay Games if Hong Kong were unable to remain as the host city.

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