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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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The White House

Kennedy Center leadership changes as Trump ally Grenell departs

Numerous productions cancelled shows during gay Trump loyalist’s tenure

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Former Kennedy Center Executive Director Richard Grenell at a Senate Judiciary Committee hearing in January 2025. (Washington Blade photo by Michael Key)

Longtime Trump ally and openly gay “Special Presidential Envoy for Special Missions of the United States” Richard Grenell is stepping down from his leadership role at the John F. Kennedy Center for the Performing Arts.

The story was first reported by Axios on March 13 before President Donald Trump made any official statements about the leadership change at the Kennedy Center, which has undergone a sweeping overhaul of rule changes and pro-Trump appointees to its board since Trump took office in 2025.

In addition to packing the Kennedy Center boardroom with loyalists and appointing himself chair of the board in February 2025, the Trump-Vance administration has placed the president’s name on the facade in an attempt to rename the center — despite the move being illegal without an act of Congress to officially change its name. The administration has also painted the building’s columns white and removed diverse programming.

Since these changes, multiple shows have pulled out of performing at the historic venue — including productions associated with the Washington National Opera.

Matt Floca, the former vice president of facilities operations at the national cultural center under Grenell, has been named the new head of the Kennedy Center, according to Trump.

The change is expected to be announced at a Kennedy Center board of directors meeting at the White House on Monday, which Trump is expected to attend.

“I am pleased to announce that Matt Floca, subject to the approval of the Board of Directors, will be named the Chief Operating Officer and Executive Director of THE TRUMP KENNEDY CENTER where, as Vice President of Operations, Matt has helped us achieve tremendous progress in bringing the Center to the highest level of Excellence!” Trump wrote in a post on Truth Social. “A Complete Reconstruction of THE TRUMP KENNEDY CENTER will begin after the July 4th Celebration, with a scheduled Grand Re-Opening in approximately two years.”

“Ric Grenell has done an excellent job in helping to coordinate various elements of the Center during the transition period, and I want to thank him for the outstanding work he has done,” the post added. “THE TRUMP KENNEDY CENTER will be, at its completion, the finest facility of its kind anywhere in the World! — President DONALD J. TRUMP.”

Grenell previously served as U.S. ambassador to Germany and later as acting director of national intelligence during Trump’s first term. He led the Kennedy Center during a period in which its programming was reshaped and new board members aligned with Trump were appointed. Trump also named himself chair of the board.

Congress approved $257 million in reconstruction funding for the Kennedy Center in last year’s spending package, a project estimated to take roughly two years to complete. Kennedy Center officials have also said they implemented increased cost-cutting measures — including large-scale layoffs — and that staff salaries are no longer being paid using debt reserves.

Actor Harvey Fierstein, a longtime critic of Trump’s takeover of the cultural institution and an award-winning openly gay performer, posted on Instagram celebrating Grenell’s departure.

“Good old anti-LGBTQ+ self-loathing dick licker, #RichardGrenell, is moving on to ruin something new under the auspices of our demented war-mongering MAGA fool Prez,” Fierstein wrote. “Maybe #RicGrennell can open a little boutique selling red baseball hats. But first, after destroying the Kennedy Center for the Arts, he’s earned a vacation. Maybe he and Kristi Noem can go puppy hunting together. They can tell each other tales of when they were once called ‘the best people’ and other fairy tales.”

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Russia

Russian neocolonial politics promote anti-LGBTQ imperialistic values

Influence seen in neighboring countries

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(Photo by Skadr via Bigstock)

The idea that Western colonialism spread queerphobia around the globe is not something new for American millennials and Gen Z. It is well known among them that the British Empire brought “anti-sodomy” laws to some African countries, such as Uganda and Nigeria, as well as to South Asia. 

But very few modern American and British people know the history of Russian colonialism, and the way Russian neocolonial politics is ruining the lives of queer people right now, in real time. It’s happening all across Eastern Europe, the Northern Caucasus, and Central Asia. Throughout these regions, the Kremlin promotes imperialistic values that include direct discrimination against queer people.

Let’s start with the most obvious example and move toward the less known ones.

In modern-day Ukraine, LGBTQ rights have become more visible and widely discussed than before the Revolution of Dignity. Even during the war, Ukraine has taken some steps forward in recognizing LGBTQ rights. For example, in 2025 the Desnianskyi District Court of Kyiv for the first time recognized a same-sex couple married abroad as legally married, and in 2026 the Supreme Court made a similar decision. LGBTQ people openly serve in the Ukrainian military. 

But the situation with LGBTQ rights in Russian-occupied Crimea and Donbas is completely different. 

Ukrainian LGBTQ citizens are persecuted by Russian military forces. Materials with positive LGBTQ representation are banned because of Russia’s “anti-propaganda” laws. Transgender people cannot access gender-affirming therapy. According to people currently living in occupied Donbas, LGBTQ teenagers have been subjected to conversion therapy after being taken from supportive families and sent to Russia.

Russia is not shy about this policy. The war against LGBTQ people — and Ukraine’s growing openness toward LGBTQ rights — has been used as one of the official justifications for Russia’s attack on Ukraine. Russian politicians have repeated this narrative, and so has the leader of the largest Russian Christian church closely connected to the government. In 2022 the head of the Russian Orthodox Church openly claimed that the war in Ukraine was happening because people in Donbas did not want gay pride parades. The claim is absurd. First and foremost, people in Donbas do not want to be bombed — and I say this as someone who was born there.

This blatant Russian attempt to destroy LGBTQ rights on foreign land did not start in Ukraine, just as Russian colonialism itself did not start there. The Soviet Union was famous for criminalizing homosexuality. 

When the Soviet Union collapsed in 1991, Soviet republics gained independence, including the Chechen Republic of Ichkeria. Chechen people had many grievances against the Kremlin, including the genocide committed against Chechen and Ingush people by Joseph Stalin in 1944. There was also resentment over the Soviet attempt to erase Chechen identity. Despite Chechens having a completely different culture, language group, and traditions from Slavic Russia, Ukraine, and Belarus, the Soviet government tried to assimilate them and make them more “Slavic.”

In the new Russia that emerged after the Soviet collapse, Chechens struggled to rent apartments in Moscow and were frequently ridiculed for being Muslim. Racial slurs like “black-assed” were commonly used against Chechen students in Russia. In 1994, Russia decided to “civilize” independent Chechnya and launched an unprovoked attack, only to lose the war to this small Muslim nation of fewer than one million people in 1997. When Vladimir Putin came to power, he built his popularity partly by launching the Second Chechen War and occupying Chechnya.

Today Chechnya is ruled by Ramzan Kadyrov, an extremely unpopular leader imposed on the region through pressure and blackmail from the Russian military. It was under Kadyrov that the infamous purge of gay people — described in David France’s HBO documentary “Welcome to Chechnya” — began. But the documentary failed to explain the broader context. As many Chechen activists and ordinary people told me — people who refused to give their names to a foreign LGBT outlet because of the risks to themselves and their relatives — Chechen society has never been explicitly queerphobic. Chechens are proud of having traditions of democracy dating back to the Middle Ages and of respecting individual freedom and family rights.

This is exactly where discussions about sexuality traditionally belong in Chechen social norms: inside the family. Family is almost sacred to Chechens. Every Chechen knows seven generations of their paternal ancestors and stays in contact with uncles, aunts, and cousins. Later, Russia weaponized these family structures by blackmailing and torturing even distant relatives of activists.

For generations, matters of sex were considered private family affairs that the state — an independent Chechen state — should never interfere with. This does not mean Chechnya was especially LGBTQ-friendly. Parents and siblings may be queerphobic — or may not — and society would not question it. But police, commenting on private sexual relationships? This is an abomination!

This is exactly what the Russian occupational authorities introduced. They turned the private into the public, kidnapping and torturing queer people as part of a wider colonial campaign of repression. It was never just about gay people. The authorities also targeted people who subscribed to opposition channels online, spoke against the Kremlin, wore the “wrong” clothes or the “wrong” kind of beard, or listened to prohibited music.

It was never just about gay people. In occupied Chechnya, it has always been about colonial control. Moreover, as my Chechen respondents pointed out, “Welcome to Chechnya” tells the story largely from the perspective of Russian LGBTQ activists. Some of them also have colonial ways of viewing the Northern Caucasus. This is why the film “forgets” to mention that many gay people who were rescued by activists left Chechnya with the active help of their own parents and siblings.

Another example of Russian interference in predominantly Muslim nations can be seen in Kazakhstan, one of the largest countries in Central Asia. In the West, it is not widely known that Kazakh people living in Slavic regions of Russia face everyday discrimination. They are often targets of anti-immigrant hatred similar to the way Mexicans are treated in the United States. In everyday life they are frequently called “churkas,” an extremely derogatory racist slur roughly comparable to the English N-word. When I lived in Russia, almost everyone I knew — even progressive people — used this word from time to time against Kazakh immigrants.

Despite all of that, the Kazakh government has aligned itself closely with the Kremlin. Late last year, the Kazakh parliament adopted an anti-LGBTQ law similar to the Russian one. The law followed earlier bans in Kyrgyzstan in 2023 and Georgia in 2024 and prohibits the dissemination of information about “non-traditional sexual orientation,” affecting culture, education, advertising, media, and cinema.

Critics called these laws a “copycat” of Russian policy and part of Moscow’s colonial influence.

“Are we an independent and sovereign republic, or are we a colony of the Russian Federation?” prominent Kazakh LGBTQ activist and feminist Zhanar Sekerbayeva asked during a press conference.

“As an educated and intelligent woman … I cannot understand why lawmakers allow themselves to violate the fundamental law of the constitution,” she said.

It was therefore not surprising that in February 2026 a criminal case was opened against Sekerbayeva for allegedly “promoting LGBT” during a peaceful gathering at the “French Café.” The real reason, however, is more likely not just her LGBTQ activism but her opposition to pro-Russian politicians.

In Georgia, pro-Russian political movements similarly weaponized anti-LGBTQ conspiracies to mobilize opposition against the European Union. These movements falsely claim that Brussels demands “LGBT propaganda” and threatens “traditional family values.”

This conspiracy narrative has even been supported by Belarus’s dictator Alexander Lukashenko, who said he is “scared for Georgia” because Europe allegedly promotes LGBTQ rights there. Of course, Belarus itself has no meaningful legal protections for LGBTQ people — and it is unlikely to develop them while its leadership is protected by the Kremlin. 

The list could continue. In Moldova, another post-Soviet country, the last widely promoted study of schooling has shown that LGBTQ teenagers are among the most vulnerable students in schools, facing bullying from peers, parents, and even teachers. Once again, pro-Russian politicians in Moldova actively use anti-LGBTQ rhetoric that contributes to this hostile environment.

Of course, Russia is not the single reason for queerphobia in post-Soviet countries. There are many other factors, from everyday stereotypes to the influence of American fundamentalist groups on local conservative movements. But Russia remains the main force preventing these countries from developing independent LGBTQ policies. Local queerphobia is a target audience for Russia, and anti-LGBTQ narratives have become an inseparable part of Russian neo-colonial politics.

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Federal Government

Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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