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Tenth Circuit won’t stay Utah same-sex marriages

Appeals court won’t give state officials another chance to refile

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National LGBT Bar Association, Gay News, Washington Blade

The Tenth Circuit Court of Appeals denied a stay on Utah same-sex marriages (image via wikimedia).

Two judges on the U.S. Tenth Circuit Court of Appeals denied a stay Tuesday on the same-sex marriages underway in Utah in the wake of a district court decision overturning the state’s ban on marriage equality.

In the two-page order, U.S. District Judge Jerome Holmes, an appointee of President George W. Bush, and U.S. District Judge Robert Bacharach, an Obama appointee, also agreed to consider the merits of the case on appeal on an expedited basis.

“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted,” the decision states. “Accordingly, we deny Defendants-Appellants’ emergency motions for a stay pending appeal and for a temporary stay. In addition, we direct expedited consideration of this appeal.”

In determining whether to grant a stay in a case, the judges write that the likelihood of success on appeal and the threat of irreparable harm are the “most critical” considerations and they “require more than a mere possibility of success and irreparable harm, respectively.”

Unlike the first two denials this week for an emergency stay, the judges don’t give state officials another chance to refile their request, meaning the Tenth Circuit has delivered its final word on the issue. The two judges who denied the stay are the same two judges would denied the stays earlier this week.

But same-sex marriage seeking to marry in Utah aren’t out of the woods yet. State officials — Gov. Gary Herbert and Attorney General Sean Reyes — can file a request for a stay before the U.S. Supreme Court. The request would go to U.S. Associate Justice Sonia Sotomayor, who could refer the issue to the entire court.

According to local TV affiliate Fox 13, Reyes intends to take that route and file a request for a stay before the U.S. Supreme Court.

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Florida

Over 100 LGBTQ-themed books in a Florida school district labeled with advisory warning

They warn: “this book has been identified by some community members as unsuitable for students.”

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Advisory Notice (via Twitter)

A southwest Florida district put parental “advisory notice” on over 100 books, many of which are race or LGBTQ-themed. 

A great number of books in Collier County Public Schools, either digital or physical, now have warning labels writing “Advisory notice to parents,” according to an NBC report,

The label, tweeted by nonprofit free-speech-promoting group PEN American, states, “This Advisory Notice shall serve to inform you that this book has been identified by some community members as unsuitable for students. This book will also be identified in the Destiny system with the same notation. The decision as to whether this book is suitable or unsuitable shall be the decision of the parent(s) who has the right to oversee his/her child’s education consistent with state law.” 

Stephana Ferrell, co-founder of the Florida Freedom to Read Project, which means to fight book banning, told NBC that she had a call from Elizabeth Alves, the associate superintendent of teaching and learning for Collier County Public Schools. In the call, Alves told her that the district added the labels starting in February. 

These measures, which Alves described as a “compromise,” happened after the district’s legal representative talked with the Florida Citizens Alliance, a conservative group which initiated a “Porn in Schools Report” project last year. The report included a list of books that “promote gender self-identification and same-sex marriage” as well as titles that include “indecent and offensive material,” as the group explained. 

Chad Oliver, the Collier County Public Schools spokesperson, on the other hand offered a different story. 

Oliver sent an email to NBC News and said, “Based upon advice from the General Counsel, we placed advisory notices on books about which parents and community members had expressed concern and in accordance with the recently passed Parents’ Bill of Rights Law (HB 241).” 

The law referred by Oliver is also known as the “Don’t Say Gay” law.

According to PEN America, there are 110 labeled books in total, and the list greatly overlaps with the one Florida Citizens Alliance inquired about with Collier County Public Schools. 

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National

Rep. Sean Patrick Maloney introduces bill to make monkeypox testing free

Health insurers would be required to cover costs

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Rep. Sean Patrick Maloney has introduced legislation to make monkeypox testing free to the public. (Blade file photo by Michael Key)

Rep. Sean Patrick Maloney (D-N.Y.), amid the ongoing monkeypox affecting gay and bisexual men, has introduced legislation in the U.S. House seeking to make testing for disease free to the public.

Maloney, one of seven openly gay members of Congress and chair of the Democratic Congressional Campaign Committee, said in a statement the measure, called the No Cost for Monkeypox Testing Act, would testing amid the monkeypox outbreak would be accessible to all.

“It is critical that we eliminate cost as a barrier to testing for monkeypox to ensure we can identify cases and prevent further spread,” Maloney said. “This legislation takes the lessons we learned from past public health emergencies and protects those at risk of contracting monkeypox by making tests accessible to everyone.”

The legislation would require private health insurers as well as Medicare and Medicaid to cover the costs of monkeypox testing at no expense to the patients, either through deductibles, co-payments, and co-insurance.

The bill introduction comes the week after the Biden administration declared the monkeypox outbreak a public health emergency and the same it has issued new guidance to enhance to the accessing of existing vaccines doses amid criticism federal officials were too slow in distributing shots.

The Washington Blade has placed a request in with the Centers for Disease Control seeking comment on the legislation. Secretary of Health & Human Services Xavier Becerra said Tuesday the federal government has the capacity to conduct an estimated 80,000 tests each week.

Maloney has been representing New York’s 18th congressional district, but after redistricting is now seeking re-election in the 17th district. Amid controversy over a potential showdown between Maloney and Rep. Mondaire Jones (D-N.Y.), who’s Black, another openly gay member of Congress and the current representative of that district, Jones has since opted to run for re-election in the New York’s 10th congressional district. Maloney is now running unopposed in the 17th.

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Politics

Out Vermont state senator wins Democratic primary race

Tuesday’s victory makes her likely to become the first woman and openly LGBTQ+ person to represent the heavily Democratic state in Congress

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Screenshot via Becca Balint for Congress

The Green Mountain State’s state Senate president pro tempore has won the Democratic nomination for the state’s at-large congressional seat, the state’s lone seat in the U.S. House of Representatives.

Becca Balin is running to succeed U.S. Rep. Peter Welch and Tuesday’s victory makes her likely to become the first woman and openly LGBTQ+ person to represent the heavily Democratic state in Congress if elected in November. Vermont is the only state that has never had a female member of its congressional delegation.

The VTDigger, a statewide news website, reported; “Balint, 53, is the first openly gay woman elected to the Vermont Senate and the first woman to serve as its president. The former middle school teacher and stay-at-home mother won her first political contest in a race for her southeastern Vermont Senate seat in 2014

She rose quickly through the ranks of the Democrat-controlled chamber, becoming majority leader in 2017, at the start of her second term. Four years later, in 2021, she was elected pro tem — the top position in the Senate.”

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