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Utah calls on Supreme Court to halt same-sex marriages

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

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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 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.”

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Honduras

Corte IDH reconoce a Thalía Rodríguez como familia social de Leonela Zelaya

Se construyeron una familia tras más de una década de convivencia

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(Captura de pantalla de Reportar sin Miedo)

Reportar sin Miedo es el socio mediático del Washington Blade en Honduras. Esta nota salió en su sitio web el 19 de enero.

Por DORIS GONZÁLEZ * | TEGUCIGALPA, Honduras — En la sentencia del caso Leonela Zelaya y otra vs Honduras emitida por la Corte Interamericana de Derechos Humanos se estableció un hito jurisprudencial para las personas LGBTQ en Honduras, así como en la región en relación a las diversas conformaciones de familias existentes. La Corte IDH interpretó por primera vez el concepto de familia social, indicando que la construcción de familia no debe restringirse a la familia nuclear o a nociones tradicionales, bajo el entendido de que hay diferentes formas en las que se materializan los vínculos familiares.

Este análisis se trae a colación debido al contexto de discriminación, prejuicio y violencia que atravesamos las personas LGBTQ, el cual se puede manifestar incluso dentro de nuestras propias familias. Esta violencia se manifiesta a través de actos de odio como ser el desarraigo familiar, violencia física, psicológica, social, económica, expulsiones de los hogares, violaciones correctivas e incluso, culminando en muertes violentas. Esta violencia motivada por la orientación sexual, identidad y expresión de género de las personas imposibilita la convivencia familiar.

Ante esto, las personas LGBTQ construimos vínculos sociales fuera del vínculo familiar tradicional, los cuales a través de la convivencia, amistad, apoyo económico-social y construcción de vida en común constituyen familias, tal como ocurrió en este caso.

Tras el abandono de su familia biológica, Leonela Zelaya y Thalía Rodríguez construyeron una familia tras más de una década de convivencia, en los cuales se apoyaron mutuamente en diversas situaciones, viviendo como mujeres trans, portadoras de VIH, ejerciendo el trabajo sexual y en situación de pobreza, enfrentando constantes episodios de detenciones arbitrarias y violentas por parte de los órganos policiales.

Tras su asesinato, fue Thalía quien recogió el cuerpo de Leonela en la morgue de Tegucigalpa y quien gestionó el féretro a través de la Funeraria del Pueblo. Los servicios fúnebres de Leonela Zelaya fueron realizados en un bar por mujeres trans, trabajadoras sexuales, al cual no asistió ningún miembro de su familia biológica.

El asesinato de Leonela y la falta de esclarecimiento generaron a Thalía un sentimiento de inseguridad, frustración e impotencia. Por estas violaciones de derechos humanos, la Corte reconoció a Thalía Rodríguez, en calidad de familiar de Leonela, como víctima del caso, generando estándares aplicables a todas las personas LGBTQ.

A juicio de la Corte, esta situación lleva a que, en casos de muertes violentas de mujeres trans, las personas que integren las redes de apoyo de la persona fallecida puedan ser declaradas víctimas por la violación de sus derechos a la integridad psíquica o moral, siempre que se acredite la existencia de un vínculo estrecho con la víctima y una afectación a sus derechos, derivada, por ejemplo, de las gestiones realizadas para obtener justicia. Esta sentencia logra reconocer que las personas LGBTQ construimos familias sociales, familias elegidas, e indica que estas deben ser reconocidas y validadas.


* Abogada litigante del caso Leonela Zelaya y otra vs Honduras, Red Lésbica Cattrachas

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District of Columbia

Eleanor Holmes Norton ends 2026 reelection campaign

Longtime LGBTQ rights supporter introduced, backed LGBTQ-supportive legislation

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Congresswoman Eleanor Holmes Norton (D-D.C.) in 2023. (Washington Blade photo by Michael Key)

The reelection campaign for D.C. Congressional Delegate Eleanor Holmes Norton, who has been an outspoken supporter of LGBTQ rights since first taking office in 1991, filed a termination report on Jan. 25 with the Federal Elections Commission, indicating she will not run for a 19th term in the U.S. House of Representatives.

Norton’s decision not to run again, which was first reported by the online news publication NOTUS, comes at a time when many of her longtime supporters questioned her ability to continue in office at the age of 88.

NOTUS cited local political observers who pointed out that Norton has in the past year or two curtailed public appearances and, according to critics, has not taken sufficient action to oppose efforts by the Trump-Vance administration and Republican members of Congress to curtail D.C.’s limited home rule government.  

Those same critics, however, have praised Norton for her 35-year tenure as the city’s non-voting delegate in the House and as a champion for a wide range of issues of interest to D.C. LGBTQ rights advocates have also praised her longstanding support for LGBTQ rights issues both locally and nationally.

D.C. gay Democratic Party activist Cartwright Moore, who has worked on Norton’s congressional staff from the time she first took office in 1991 until his retirement in 2021, points out that Norton’s role as a staunch LGBTQ ally dates back to the 1970s when she served as head of the New York City Commission on Human Rights.  

“The congresswoman is a great person,” Moore told the Washington Blade in recounting his 30 years working on her staff, most recently as senior case worker dealing with local constituent issues.

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity.  

She has introduced multiple LGBTQ supportive bills, including her most recent bill introduced in June 2025, the District of Columbia Local Juror Non-Discrimination Act, which would ban D.C. residents from being disqualified from jury service in D.C. Superior Court based on their sexual orientation or gender identity.

For many years, Norton has marched in the city’s annual Pride parade.

gay events dc, gay news, Washington Blade
Congresswoman Eleanor Holmes Norton (D-D.C.) participates in the city’s 2019 Capital Pride Parade. (Washington Blade photo by Drew Brown)

Her decision not to run for another term in office also comes at a time when, for the first time in many years, several prominent candidates emerged to run against her in the June 2026 D.C. Democratic primary. Among them are D.C. Council members Robert White (D-At-Large) and Brooke Pinto (D-Ward 2).

Others who have announced their candidacy for Norton’s seat include Jacque Patterson, president of the D.C. State Board of Education; Kinney Zalesne, a local Democratic party activist; and Trent Holbrook, who until recently served as Norton’s senior legislative counsel.

“For more than three decades, Congresswoman Norton has been Washington, D.C.’s steadfast warrior on Capitol Hill, a relentless advocate for our city’s right to self-determination, full democracy, and statehood,” said Oye Owolewa, the city’s elected U.S. shadow representative in a statement. “At every pivotal moment, she has stood firm on behalf of D.C. residents, never wavering in her pursuit of justice, equity, and meaningful representation for a city too often denied its rightful voice,” he said.

Sharon Nichols, who serves as press spokesperson for Norton’s congressional office, couldn’t immediately be reached for a comment by Norton on her decision not to seek another term in office. 

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Uganda

LGBTQ Ugandans targeted ahead of country’s elections

President Yoweri Museveni won 7th term in disputed Jan. 15 vote

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Barely a week after Ugandan President Yoweri Museveni secured a 7th term in an election marred by state violence, intimidation, and allegations of fraud, the country’s queer community spoke about how the election environment impacted it.

The LGBTQ lobby groups who spoke with the Washington Blade noted that, besides government institutions’ failure to create a safe and inclusive environment for civic participation by all Ugandans, authorities weaponized the Anti-Homosexuality Act to silence dissent and discourage queer voter engagement.

The rights groups note that candidates aligned with Museveni’s ruling National Resistance Movement — including Parliament Speaker Anita Among — during the campaigns accused their rivals of “promoting homosexuality” to discredit them while wooing conservative voters. 

Queer people and LGBTQ rights organizations as a result were largely excluded from the formal political processes for the election as voters, mobilizers, or civic actors due to fear of exposure, stigma, violence, and legal reprisals. 

“This homophobic rhetoric fueled public hostility and emboldened vigilante violence, forcing many queer Ugandans into deeper hiding during the election period,” Uganda Minority Shelters Consortium Coordinator John Grace stated.

Some queer people had expressed an interest in running for local council seats, but none of them formally registered as candidates or campaigned openly because of safety concerns and local electoral bodies’ discriminatory vetting of candidates.

“UMSC documented at least three incidents of election-related violence or intimidation targeting LGBTQ+ individuals and activists,” Grace noted. “These included harassment, arbitrary detentions, extortions by state and non-state actors, digital cat-fishing, and threats of outing.” 

Amid such a militarized and repressive election environment, Let’s Walk Uganda Executive Director Edward Mutebi noted queer-led and allied organizations engaged in the election process through restricted informal voter education, community discussions, and documenting human rights violations. 

“Fear of backlash limited visibility and direct participation throughout the election cycle,” Mutebi said. “But despite the hostile environment of work, Let’s Walk Uganda was able to organize a successful transgender and gender diverse youth training on electoral security and safety.” 

Museveni’s government escalated its repressive actions during the Jan. 15 elections by shutting down the internet and suspending nine civil society organizations, including Chapter Four Uganda and the National Coalition of Human Rights Defenders, for allegedly engaging in activities that are prejudicial to the security and laws of the country. 

The suspension of the rights organizations remains in force, an action both Mutebi and Grace condemn. They say it prevents queer Ugandans from accessing urgent services from the affected groups.

“For the LGBTQ community, the impact has been immediate and deeply harmful. Many of the suspended organizations, like Chapter Four Uganda, were critical partners in providing legal representation, emergency response, and documentation of rights violations,” Grace said.

This has compelled UMSC and its other partners to handle increased caseloads with limited resources, while navigating heightened scrutiny and operational risk. 

“The suspension has disrupted referral pathways, delayed urgent interventions, and weakened collective advocacy for marginalized groups and minority rights defenders, which calls for urgent international solidarity, flexible funding, and protection mechanisms to safeguard the work of grassroots organizations operating under threat,” Grace stated. 

Mutebi warned that such repressive actions are tyrannical and are indicative of shrinking civic space, which undermines democratic accountability as the promotion and protection of human rights is ignored.

With Museveni, 81, extending his tenure at State House from a landslide win of 72 percent, UMSC and LWU consider a bleak future in the protection of rights for queer Ugandans and other minority groups.

“Without significant political and legal shifts, LGBTQ persons will face continued criminalization, reduced civic space, and heightened insecurity, making sustained advocacy and international solidarity more critical than ever,” Mutebi said. “ It is unimaginable how it feels to live in a country with no hope.”

Grace, however, affirmed the resistance by local queer lobby groups will continue through underground networks, regional solidarity, and digital organizing.

The duo noted that a win by Museveni’s main challenger and rapper, Bobi Wine, who only managed 24 percent of the total votes cast, could have enabled the opening up of civil space and human rights protections in Uganda. 

Wine, for his part, spoke in favor of the respect for the rule of law and human rights during his campaign.

“While Bobi Wine’s past stance on LGBTQ rights was inconsistent, his recent shift toward more inclusive rhetoric and international engagement suggested a potential opening for dialogue,” Grace said. “A win might have created space for policy reform or at least reduced state-sponsored homophobia, though structural change would still require sustained pressure and coalition-building.”

Mutebi stated that a change in Uganda’s leadership to a youthful leader like Wine could have offered an opening, but not a guarantee for progress on inclusion and human rights. Mutebi added existing institutionalized and societal homophobia remain in place.

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