News
Utah calls on Supreme Court to halt same-sex marriages
Private attorney Monte Stewart listed as ‘counsel of record’ for the state

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.”
U.S. Military/Pentagon
HRC holds retirement ceremony for ousted transgender servicemembers
White House executive order bans openly trans military personnel
When retirement celebrations are planned — especially military ones — crowded rooms are usually filled with joyous energy: smiling people celebrating over glasses of champagne and stories of “the good old days,” marking the moment when service members decide it is the right time to step back from work. This retirement event, however, felt more like a funeral than a major life milestone.
The Human Rights Campaign Foundation hosted an event on Jan. 8 in D.C. to commemorate the forced retirement of transgender servicemembers. The event was a direct result of President Donald Trump’s 2025 Executive Order 14183, titled “Prioritizing Military Excellence and Readiness,” which directed the Pentagon to adopt policies prohibiting trans, nonbinary, and gender-nonconforming people from serving in the military.
In the heart of the nation’s capital, mere blocks from where the president signed that executive order, five military members followed the traditional pomp and circumstance that military retirement celebrations demand — the U.S. Army’s passing of the NCO sword, the U.S. Navy’s reading of “The Watch,” speeches from colleagues and bells ringing, flags folded tightly while family members, and bosses talk about the peaks of their careers and sacrifices made to protect the Constitution. But the tears that could be heard and seen were not bittersweet, as they often are for the millions of Americans who came before them. They were tears of sadness, fear, and ultimately of acceptance — not agreement — that they were removed from their posts because of their gender identity.
Thousands of trans servicemembers were forced out of all six branches of the military after Executive Order 14183, joined by a February memo from Defense Secretary Pete Hegseth stating that trans and nonbinary individuals would no longer be eligible to join the military. The memo also directed that all trans people currently serving be separated from service because their gender identity supposedly goes against the military’s accession requirements and that, as a collective group, they “lack the selflessness and humility” required for military service.
For many trans servicemembers, their careers had suddenly come to an end. Unlike the five on stage on Jan. 8, they would not have a ceremony, the ability to say goodbye to a job they didn’t want to leave, or a packed room of supporters clapping and crying alongside them.
Colonel Bree B. Fram from the U.S. Space Force, Commander Blake Dremann from the U.S. Navy, Lt. Col. (Ret.) Erin Krizek from the U.S. Air Force, Chief Petty Officer (Ret.) Jaida McGuire U.S. from the Coast Guard, and Sgt. First Class (Ret.) Catherine Schmid from the Army were granted the chance to say goodbye to more than 100 years of combined service to the country.
“This ceremony is unprecedented — not because their careers fell short in any way, but because they shined so brightly in a military that cast them aside as unworthy,” said Maj. Gen. Tammy Smith (Ret.), who was the master of ceremonies for the roughly 5-hour event. “For every one of them, there are thousands of other transgender service members who were denied the opportunity to even reach this moment of retirement, despite records that mark them as among the best of the best.”
Shawn Skelly, former assistant secretary of defense for readiness under President Joe Biden and member of HRC’s board of directors, also spoke at the event. She emphasized that this is not a result of anything a trans servicemember did — or didn’t do — but rather a country trying to villainize them.
“Trans service members … are on the front lines, canaries in the coal mine of our democracy as to who can be seen as not just American, but among the best that America has to offer,” Skelly said.
Two members of Congress who have been at the heart of the fight for ensuring LGBTQ rights for Americans also addressed the crowd and the retiring officers: the first openly gay non-white member of the U.S. House of Representatives, U.S. Rep. Mark Takano (D-Calif.), and the first openly trans member of Congress, U.S. Rep. Sarah McBride (D-Del.).
“I want to begin by apologizing to our [trans] servicemembers and reiterating that your service and commitment to our nation does not go unnoticed,” Takano said. “I am sorry this administration has chosen to target you for no reason other than cruelty.”
“Each of you answered the call to serve. Each of you met the standards. And each of you served and led with integrity, professionalism, and courage,” said McBride. “Each of you are brave, honorable, and committed patriots who also dared to have the courage to say out loud that you’re transgender.”
Former Air Force Secretary Frank Kendall also gave a speech, noting that there was no reason for thousands of trans military members to lose their jobs and for the country to lose invaluable personnel that make the Armed Forces the best in the world.
“As I read the biographies of each of our retirees today, one thing came across to me,” former Kendall said. “It was how similar these read to those of all other retirees, and to others still serving. … It is a huge injustice, and an enormous loss to our nation that [they] … are not being allowed to continue to serve their country in uniform.”
Each service member had an introducer highlight their accomplishments before they gave their own heartfelt and pointed speeches, all of which can be watched in full on HRC’s YouTube page.
“I joined the military to be part of the solution … I learned that living authentically proved far more truthful and beneficial to not only myself but also my units than pretending to be someone else,” McGuire told the audience of family members, friends, LGBTQ rights activists, and former military personnel. “Being transgender never kept me from deploying, and I never failed to fulfill my duties.”
Despite the circumstances, McGuire said she would use this moment as an opportunity to continue serving.
“Even when it was forced upon you with no choice or discussion, [retirement] is still a new chapter … I’ll keep advocating for the rights and freedoms we all cherish,” McGuire said.
Schmid from the Army spoke about accepting the feeling of institutional betrayal after giving so much of herself to the service.
“The Army taught me what honor and integrity meant, and that integrity cost me the only thing I’ve ever really known how to do — it cost me being a soldier,” Schmid said. “Institutions fail people, but institutions are made of people, and that’s what I keep going back to … the soldiers, the people — that’s the Army that matters.”
Presik from the Air Force went next.
“Over my career, I’ve been called a hero and thanked for my service … I did all those things for the hope that I was making this country a better place for my three children and for your children and your families and your hopes as well,” Presik said, emphasizing that this was a fundamental policy failure, not a personal failure. “Now I have been separated from the Air Force, not because my performance, commitment, or ideals were found lacking, but because the policy changed on who could serve — and that reality is difficult to say out loud.”
“You matter. Your service matters, and you are not alone … transgender airmen are surrounded daily by so many fellow Americans who serve quietly and professionally,” Presik added, acknowledging that some trans people will continue to serve their country, even if it means hiding a piece of themselves until this policy is remedied.
Draiman from the Navy was fourth, emphasizing that his work serving the American people would continue despite retirement.
“I have spent my entire career pushing back against systems that too often treated my sex, my sexuality, or my gender as a measure of my capability under the guise of readiness,” Draiman told the crowd. “The work of dismantling hate and building better systems is far from over, and I still have more to give as I step out of uniform.”
Fram from the Space Force went last.
“My service was real. My dedication was real, and the years I gave to this country were given fully, honorably, and especially at the end with great pride,” she said with tears welling in her eyes — as did most of those in the audience. “Transgender service members are persons of character, not caricatures, and a society that justifies exclusion by denying our humanity needs to learn its lesson better from the Civil Rights Movement.”
“The uniform may come off, but the values it represents never will.”
Across the five branches of the military represented, each retiree carried countless honors and awards, evidence of their strength and dedication to protecting a country that elected a president who has now attempted to strip them of their service in both of his terms in office.
After the ceremony, the Washington Blade sat down with HRC Senior Vice President of Campaigns and Communications Jonathan Lovitz, to discuss why HRC decided to honor these five servicemembers.
“Why do this? Because they deserve nothing less. These are our heroes. These are our fellow Americans who have done more to serve this country than anyone who has been attacking them for that service,” Lovitz said. “These five are stand-ins for the thousands more, many of whose stories we’re never going to know, but it’s our obligation to find and uplift every single one of them.”
Multiple times during the ceremony, it was noted that military members vow to protect the Constitution rather than any individual in the White House. For Lovitz, that is the crux of why HRC felt the need to act.
“Civil rights protect all of us — or at least they’re supposed to. That’s at the heart of the Constitution … and that includes, and especially includes, our heroes who fight, sometimes die, to protect even those who would try to erase them.”
He ended the conversation by sharing a private moment with one of the retirees.
“I just hugged one of the honorees, and she said to me, ‘We never should have had to do this, but if we had to do it, this was the way.’ So I feel great that they feel loved and honored and seen and celebrated, and that so many leaders in the community were able to be here to lift them up.”
Virginia
Mark Levine running in ‘firehouse’ Democratic primary to succeed Adam Ebbin
Outgoing gay Va. state senator has endorsed Elizabeth Bennett-Parker
Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) is one of four candidates running in a hastily called “firehouse” Democratic primary to be held Tuesday, Jan. 13, to select a Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria)
Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the administration of Gov.-elect Abigail Spanberger.
The Jan. 13 primary called by Democratic Party leaders in Alexandria and Arlington will take place less than a week after Ebbin announced his planned resignation.
According to the Community News of Alexandria publication, a public debate between the four candidates was scheduled to take place one day earlier on Monday, Jan. 12, from 7-9 p.m. at the Charles Houston Recreation Center in Alexandria.
The winner of the so-called firehouse primary will compete in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state Senate.
The other candidates competing in the primary on Tuesday, in addition to Levine, include state Del. Elizabeth Bennett-Parker, former Alexandria Vice Mayor Amy Jackson, and World Wildlife Fund executive Charles Sumpter.
Another Alexandria news publication, ALXnow, reports that Ebbin, Spanberger, and at least four other prominent Democrats in the Virginia General Assembly have endorsed Bennett-Parker, leading political observers to view her as the leading contender in the race.
“I have worked alongside Elizabeth and have seen her fight for the values of our community,” Ebbin said in a statement, ALXnow reports.
Arlington gay Democratic activist TJ Flavall said Parker-Bennett has attended LGBTQ community events and is known as an LGBTQ ally.
Ebbin’s endorsement of Bennett-Parker over fellow gay politician Levine in the Jan. 13 firehouse primary follows what observers have said is a longstanding rivalry between the two over disagreements around legislative issues.
In 2021, Ebbin endorsed Parker-Bennett when she challenged Levine in the Democratic primary for his House of Delegates seat in the then 45th House District in Alexandria.
Parker-Bennett defeated Levine in that race at a time when Levine, in an unusual move, also ran for the position of lieutenant governor. He also lost that race.
ALXnow reports that in his Facebook announcement of his candidacy for Ebbin’s state Senate seat Levine discounted the relevance of the large number of prominent endorsements that Parker-Bennet has received. In campaigns that last for just a few days rather than weeks or months, “it’s about turnout,” ALX now quoted him as saying.
Levine, an attorney, has a longstanding record as an LGBTQ rights advocate. He worked as a legislative counsel to gay former U.S. Rep. Barney Frank (D-Mass.) before becoming a radio talk show host and TV political commentator in Virginia prior to his election to the Virginia House of Delegates.
The firehouse primary on Jan. 13, which is open only to voters with identification showing they live in the 39th District, will take place from 8:30 a.m. to 7 p.m. in these locations:
Alexandria: Charles E. Beatley, Jr. Public Library, 5005 Duke St.; and the Charles Houston Recreation Center, 901 Wythe St.
Arlington: Aurora Hills Library, 735 18th St. S.
Annandale: New John Calvin Presbyterian Church, 6531 Columbia Pike
The White House
Hundreds protest ICE killing of Renee Nicole Good in D.C.
Married queer woman shot in Minneapolis on Wednesday
Hundreds of people took to the streets of D. C. on Thursday night to protest the killing of a U.S. citizen by a U.S. Immigration and Customs Enforcement agent.
Protests began at the busy — and increasingly queer — intersection of 14th and U Streets, N.W. There, hundreds of people held signs, shouted, and made their way to the White House to voice their dissent over the Trump-Vance administration’s choice to increase law enforcement presence across the country.
The protest, which also occurred simultaneously in cities large and small across the country, comes in the wake of the death of Minneapolis resident Renne Nicole Good at the hands of ICE Agent Jonathan Ross. Good left behind two children and a wife, Rebecca Good.
Records obtained by the Associated Press found that Ross was an Iraq War veteran and nearly two decades into his career with U.S. Border Patrol and ICE.
Good was gunned down just blocks away from where George Floyd was killed by police in 2020, sparking weeks of national protests. Minnesota officials say the FBI has blocked their access to an investigation into the fatal shooting, according to a BBC story published on Friday.
In the nation’s capital, protesters marched from the intersection of 14th and U Street to Lafayette Square, right outside the White House. Multiple D.C. organizations led the protest, most notably Free DC, a nonprofit that works to ensure the right of “self-determination” for District residents, as many local laws can be reviewed, modified, or overturned by Congress. Free DC had organized multiple protests since the Trump-Vance administration was elected.
The Washington Blade spoke to multiple protesters towards the tail end of the protest about why they came out.
Franco Molinari, from Woodbridge, Va., crossed the Potomac to partake in his first-ever protest.
“I don’t appreciate ICE and the use of federal agents being pretty much militarized against America,” Molinari said while holding a “Justice for Renee” sign. “The video of Renee being executed cartel style in her car was enough for me to want to come out, to at least do something.”
Molinari, like many others the Blade spoke with, found out about the protest on Instagram.
“It was my friend there, Sarah … had sent a link regarding the protest to a group chat. I saw it in the morning, and I thought, ‘You know what, after work, I’m head out.’”
He also shared why protesting at the White House was important.
“I already saw the response that the president gave towards the murder of Renee, and it was largely very antagonizing,” Molinari said.
President Donald Trump, along with federal leaders under him, claimed that Good “violently, willfully and viciously ran over the ICE officer.” The president’s claims have been widely discredited through multiple videos of the incident, which show Good was attempting to leave the scene rather than attacking the officer.
“I hope that anybody would be able to see that and see the response and see for themselves that it just is not correct,” Molinari said.
The Blade also spoke with leftist influencer Dave the Viking, who has more than 52,000 followers on TikTok, where he posts anti-fascist and anti-Trump videos.
“We’re out here to make sure that this regime can’t rewrite history in real time, because we all know what we saw … we’re not going to allow them to run with this narrative that they [ICE agents] were stuck in the snow and that that poor woman tried to weaponize her car, because we all saw video footage that proves otherwise,” he told the Blade. “We’re not going to let this regime, the media, or right-wing influencers try to rewrite history in real time and try to convince us we didn’t all see what we know we saw.”
Dave the Viking continued, saying he believes the perceived power of ICE and other law enforcement to act — oftentimes in deadly and unjustifiable ways — is a product of the Trump-Vance administration.
“There’s a line between fascism and anti-fascism. These motherfuckers have been pushing that envelope, trying to label an idea a terrorist organization, to the point of yesterday, crossing that line hardcore. You face the point of looking at history and saying there was this 1989, 2003 America, where we’re just going in, raiding resources. Where is this fucking 1930s Germany, where we’re going in and we’re about to just start clearing shit and pulling knots? Yeah, nope. We proved that shit yesterday.”
Two people were injured in another shooting involving federal agents, this time Border Patrol in Portland, Ore., on Thursday afternoon.
KC Lynch, who lives near American University, also spoke about her choice to protest with a group.
“I came out today because everything that ICE has done is absolutely unacceptable, not only killing this one woman, but also the fact that they’ve been imprisoning people in places that are literally, that have been literally on record by international organizations shown to be human rights violating. It’s unbelievably evil.”
Lynch also echoed Dave’s opinion about parallels between the Trump-Vance administration and the rise of Adolf Hitler in Nazi Germany.
“It’s literally what happened before the Holocaust. We should all be scared. We should all be angry. I’m so angry about it … even talking about it — I’m sorry,” she said before getting choked up.
Lynch emphasized that despite the circumstances in which people were protesting together, the sense of community was strong and powerful.
“I feel like it’s important for people to know that we’re angry, even if no policy changes come out of it, and it’s just nice to yell and be angry about it, because I feel like we’ve probably all been feeling this way, and it’s nice to be around people that are like minded and to like have a sense of community.”
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