Connect with us

News

Utah calls on Supreme Court to halt same-sex marriages

Private attorney Monte Stewart listed as ‘counsel of record’ for the state

Published

on

Gary Herbert, Utah, Republican Party, gay news, Washington Blade
Gary Herbert, Utah, Republican Party, gay news, Washington Blade

Utah Gov. Gary Herbert is calling on the U.S. Supreme Court to halt same-sex marriages in Utah (Photo public domain).

After nearly 11 days have passed with marriage equality in Utah, state officials on Tuesday formally made their request with the U.S. Supreme Court to halt same-sex marriages taking place in the state.

Attorneys for Utah officials — Gov. Gary Herbert (R) and newly sworn-in Attorney General Sean Reyes — filed the 26-page stay request with U.S. Associate Justice Sonia Sotomayor, who’s responsible for the Tenth Circuit.

“As a result of the district court’s injunction, numerous same-sex marriages are now occurring every day in Utah,” the request states. “And each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels…but also to this court’s unique role as final arbiter of the profoundly important constitutional question that is so carefully preserved in Windsor.”

Gay couples have started marrying in Utah since Dec. 20, when U.S. District Judge Robert Shelby ruled the 2004 state ban on same-sex marriage known as Amendment 3 was unconstitutional.

After appealing the decision to the U.S. Tenth Circuit Court of Appeals, state officials have made several stay requests to halt the same-sex marriages. Following decisions from the district court and the Tenth Circuit to deny the stay requests, state officials swore to take up the matter with the Supreme Court.

Now that the stay request is before the high court, Sotomayor has the option of referring the request to all of her colleagues on the bench, who would provide the final word on whether a stay would be granted on same-sex marriages.

However, if Sotomayor goes it alone and decides against the stay, Utah officials may select any justice on the Supreme Court — such as a justice with an anti-gay reputation like U.S. Associate Justice Antonin Scalia — and make a final attempt to request a stay.

Doug NeJaime, who’s gay and law professor at the University of California, Irvine, said he expects Sotomayor to refer the request to the entire court, but isn’t able make a prediction on what will happen.

“Even justices sympathetic to the cause of same-sex marriage may think that a stay makes sense so as not to rush a substantive resolution by the court,” NeJaime said. “Last term we saw that the Court was hoping to let the issue keep moving forward without settling it, but the Utah case puts the issue back before the court very soon after Windsor and Hollingsworth. It’s unclear what will happen, but there are likely some justices hoping to hold off on deciding the big question.”

According to SCOTUSblog, Sotomayor has already requested a response to the Utah stay application by noon on Friday. Until that time, the court won’t take action on the stay.

Beefing up their arguments in their initial requests, Utah officials base their request for a stay, among other reasons, on the likelihood the Supreme Court will take up the marriage issue and on the Supreme Court’s ruling against Section 3 of the Defense of Marriage Act.

“And if DOMA’s non-recognition was an impermissible ‘federal intrusion on state power’ to define marriage, surely there is at least a good prospect that a majority of this court will ultimately hold the district court’s far more intrusive order and injunction valid, and in so doing vindicate the prerogative of Utah and its citizenry to retain the traditional definition of marriage if they so choose,” the request states.

Utah officials also express concern for same-sex couples marrying in the Utah in the event that a ruling from a higher court would abrogate their unions, saying a stay is needed to “avoid needless injuries to same-sex couples and their families that would follow.”

According to the Salt Lake Tribune, more than 1,225 marriage licenses were issued in Utah in the first six days of marriage equality between Dec. 20 and Dec 26. Of those, at least 74 percent were issued to same-sex couples.

Twice in the stay request, Utah officials cite a 2012 report from Mark Regnerus as evidence for why same-sex parents aren’t as fit biological opposite-sex parents. That report has been debunked for failing to control for error.

James Magleby, an attorney at Magleby & Greenwood PC representing same-sex couples in the case, chided Utah state officials for pursing the stay on same-sex marriages.

“It doesn’t have to be this way,” Magleby said. “The State of Utah should carefully consider its other options, in particular the fiscally responsible decision by New Jersey Governor Chris Christie, to save his state from further legal expenditures and to put a divisive issue in the past, by deciding not to pursue an appeal from an analogous ruling.”

Utah state officials are calling on the Supreme Court to halt same-sex marriages as they’ve indicated they’re collaborating with outside counsel to the defend the marriage law. In a statement on its website last week, the attorney general’s office said it was putting off the stay request for a few days “[d]ue to the necessity of coordination with outside counsel.”

Consistent with what was reported earlier, the stay request indicates Monte Stewart, a private attorney with Stewart, Taylor & Morris and a history of advocacy against same-sex marriage, is listed as counsel of record for the state. A founder of Utah-based Marriage Law Foundation, Stewart has written numerous tracts in opposition to marriage equality, including a 2008 article in the Harvard Journal of Law & Public Policy titled, “Marriage Facts.”

According to the Deseret News, the cost for Utah to hire outside counsel to defend the state’s marriage law is expected to reach nearly $2 million. Moreover, state lawmakers support the decision to defend the law at that cost. House Speaker Becky Lockhart reportedly said after House leaders heard the projected cost from Reyes, they “felt comfortable telling him, ‘Move forward with what you think is in the best interest of the state.'”

Utah sources familiar with the decision to hire outside counsel say state officials are doing so because the attorney general is too fresh on the job and because the state wants an expert on the subject matter to defend the marriage law.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said in a statement last week that hiring outside counsel to defend the marriage law would be a bad move for Utah.

“Defending discrimination is indefensible,” Sainz said. “Defending discrimination while spending millions of taxpayer dollars to do it is beyond explanation. It is an affront to all Utahans that their hard-earned tax dollars – money that should be going into schools, roads or health programs – will instead be used to cement the state on the wrong side of history.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

Published

on

(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

Continue Reading

Rehoboth Beach

Rehoboth’s Blue Moon sold; new owners to preserve LGBTQ legacy

‘They don’t want to change a thing’

Published

on

The Blue Moon in Rehoboth Beach was sold. (Washington Blade photo by Michael Key)

The iconic Blue Moon restaurant and bar in Rehoboth Beach, Del., has been sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan.

Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1. 

“They don’t want to change a thing,” Ragan said. “They’re local people, they live here. Dale worked his first job at Dolle’s.”

Ragan and Haney did not sell the business, only the real estate. The deal includes a 10-year lease with renewal options under which Ragan and Haney will continue to operate the Moon. He noted that the couple could opt to sell the business at any time.

“It’s going really well so I’m not in any hurry,” Ragan told the Blade. “It’s hard to run a business and manage a property that’s 120 years old — now someone else has to fix the air conditioning. Our responsibility will be to run the business.”

Ragan offered reassurances that the Moon will continue to be a gay-friendly destination.

“Dale’s comment was that Rehoboth has been good to us and we just want to give back. The Moon is part of Rehoboth’s history and we want to preserve that.”

He said there are no immediate changes planned for the structure, apart from a new roof in the atrium that was damaged in a hail storm. Ragan noted that the property comes with several apartment rental licenses that they have never exercised and the new owners may decide to rent those out.

The Blue Moon business, at 35 Baltimore Ave., dates to 1981 and is an integral part of Rehoboth’s LGBTQ community, hosting countless entertainment events, drag shows, and more over 45 years. Local residents have celebrated birthdays, anniversaries, weddings, and other special occasions in the acclaimed restaurant. 

The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million. The bar and restaurant business were being sold separately. 

But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer had been found but the sale was not yet final.

Ragan said the issue was the parties couldn’t resolve how much was owed due to a disagreement with the bank. “We didn’t owe $3 million,” he said. “We said we’re not paying any more until we sell.” 

The sale contract was written five months ago. It took three attorneys to get a payoff amount agreed to by the bank, he added.

“No one wanted to buy both things. We now have a longterm lease. We couldn’t be happier.”

Continue Reading

Philippines

Filipino HIV/AIDS group questions US, Philippines health agreement

Country’s epidemic disproportionately impacts MSM, trans people

Published

on

(Photo by argus456/Bigstock)

A new health agreement between the U.S. and the Philippines has raised questions among HIV/AIDS service providers.

A joint declaration signed by the U.S. and the Philippines on April 7 sets out a plan for closer health cooperation, aimed at transitioning the Philippines toward greater autonomy and “self-reliance” in its health systems, according to a State Department statement released.

In practice, “self-reliance” in health systems refers to a country’s ability to fund, manage, and deliver care without heavy dependence on external donors. In the Philippines, programs serving LGBTQ people — particularly those focused on HIV prevention, testing and treatment — have relied in part on international funding and technical support, including from the U.S., according to UNAIDS. 

The Philippine Department of Health has led the national response to the pandemic.

The joint declaration of intent was signed under the Trump-Vance administration’s “America First Global Health Strategy.” The State Department said the agreement would involve co-funding of mutually agreed global health objectives under bilateral health cooperation between the U.S. and the Philippines in the near future.

The declaration also outlines areas of cooperation beyond financing: workforce development, health information systems, and emergency preparedness. The State Department said the framework is intended to strengthen coordination between U.S. and Philippine institutions while supporting the Philippines’ capacity to manage public health challenges independently over time. The statement does not specifically address LGBTQ health.

Similar agreements in other regions have drawn scrutiny from LGBTQ advocacy groups. 

In Africa, community organizations have warned that a shift from donor-funded, community-led health programs to government-to-government frameworks could affect access for marginalized populations, including LGBTQ people. The Washington Blade found that such changes may reduce reliance on specialized clinics that have historically provided stigma-free care, raising concerns about discrimination, privacy, and continuity of services.

Desi Andrew Ching, president of HIV & AIDS Support House in the Philippines, said the partnership presents a significant opportunity, but added that, like any large-scale international agreement, its success for the LGBTQ community will depend on how it is implemented on the ground.

“On one hand, it’s a positive move. Increased cooperation on health systems can lead to better technical support and potentially more resources for HIV/AIDS prevention and mental health — areas that deeply impact our community,” Ching told the Blade. “If the government and civil society work closely together, we could see some real progress.”

Ching said community concerns often center on where those resources ultimately go. Ching added there is a risk funds could remain within “usual” government-aligned channels or traditional implementers that may not have the trust or reach of grassroots LGBTQ organizations.

The Philippines is facing one of the fastest-growing HIV epidemics in the Asia-Pacific region, with UNAIDS statistics indicating new infections increased by about 543 percent between 2010 and 2023.

The epidemic is concentrated among key populations, particularly men who have sex with men and transgender women who account for a vast majority of new infections. A 2023 analysis found that key populations represented about 92 percent of new HIV cases in the country, underscoring the disproportionate impact on LGBTQ communities. At the same time, stigma, limited access to testing and gaps in healthcare delivery continue to shape outcomes for these groups.

Ching said that for the partnership to be effective, support would need to be closely targeted to reach those most at risk, including individuals who often avoid government facilities because of stigma and fear of judgment. 

“If the partnership prioritizes ‘community-led’ monitoring and direct support to local organizations, it will be a game-changer. If it stays at the top tier of administration, we might just see the same results as before,” Ching said.

Community-led organizations have been central to the Philippines’ HIV response, particularly in reaching LGBTQ populations often underserved by formal healthcare systems. UNAIDS notes groups such as LoveYourself have expanded testing and treatment access through community-based clinics and online outreach, including during the COVID-19 pandemic, when movement restrictions limited access to government facilities.

“To be honest, in these high-level agreements, ‘guarantees’ are hard to come by on paper. The real safeguards lie in the mechanics of implementation,” said Ching. “From the community’s perspective, we believe the best way to prevent services from being diluted is through direct involvement in the planning phase. We would like to see the funding groups and government stakeholders sitting at the same table as the community to game out the specific work plans. It should not be a top-down approach; it needs to be co-designed.”

Ching said oversight would be a critical layer of protection, adding that a dedicated point of contact, such as a U.S Agency for International Development technical lead or a similar monitor, would be needed to track how funds are used.

USAID officially shut down on July 1, 2025, after the Trump-Vance administration dismantled it.

Ching added community-led monitoring would also be necessary in addition to government oversight. He said safety and trust cannot be guaranteed by policy alone but must be built through experience, noting that community-led organizations have consistently reached the most marginalized populations. 

“Safety and trust aren’t things you can just write into a policy; they have to be built through experience,” Ching said, adding that community-based sites are often seen as more accessible and safer because they are “for us, by us.” 

He said the partnership should direct substantial support to grassroots organizations that have demonstrated an ability to overcome stigma, while strengthening coordination with government clinics. The most effective approach, he added, would combine government infrastructure with community-led delivery, allowing trusted local groups to serve as the primary point of access.

’We want a seat at the table’

According to a report by the World Health Organization on the Philippines, prevention efforts account for only about 6 percent of total HIV spending, despite a sharp rise in cases. The report said the gap has been compounded by a recent pause in U.S. funding, which has delayed the development and implementation of prevention programs and community-led responses.

Asked whether community-led LGBTQ organizations would be funded and included in implementation or sidelined under a government-led approach, Ching said that remained the central question for the community, adding that no detailed plan has yet been made public.

“But we have to be realistic about the politics — both within the government and even within civil society — that can sometimes slow things down,” said Ching. “A good baseline to look at is the UNAIDS 30-80-60 targets. These milestones are specifically designed to put community-led responses at the center of the HIV fight. If we’re being honest, as a country, we are still finding our footing in meeting those specific targets. There is a very real risk of being sidelined if the execution defaults to a standard ‘government-only’ approach.”

The UNAIDS set global targets to guide the HIV response, most notably the “95-95-95” goals for 2025. 

The framework calls for 95 percent of people living with HIV to know their status, 95 percent of those diagnosed to receive sustained treatment and 95 percent of those on treatment to achieve viral suppression. The targets were designed to reduce transmission and improve health outcomes, while also highlighting gaps in access to testing, treatment, and prevention services.

“We view this new partnership with the U.S. as a chance to course-correct. If the intention is to end AIDS as a public health threat, the data shows it simply cannot be done without the community in the driver’s seat for service delivery,” said Ching. “Our hope is that the implementation isn’t just government-led, but government-enabled. We want a seat at the table not just for the sake of being there, but to ensure the resources are actually hitting the ground where they matter most. We’re looking for a partnership that honors those 2025 milestones by making community-led organizations formal, funded partners in this roadmap.”

Continue Reading

Popular