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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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Comings & Goings

Heng-Lehtinen joins Trevor Project as SVP

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Rodrigo Heng-Lehtinen (Washington Blade file photo by Michael Key)

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to RODRIGO HENG-LEHTINEN on his new role as Trevor Project Senior Vice President of Public Engagement Campaigns. On accepting the position, he said, “My mission has long been to stop LGBTQ, and especially trans, people from being perceived as political footballs and start getting us seen as real people – your friends, your families, your neighbors. Now I get to focus on that 100% at The Trevor Project.”  

Prior to this, he was executive director, Advocates for Trans Equality (A4TE), where he co-led the merger of two national transgender rights organizations, NCTE and TDLEF, to create the new organization. He had served as executive director of the National Center for Transgender Equality, leading that organization through a period of growth, restoring organizational size and stability. He had served as deputy executive director prior to that. Previously he served as vice president of Public Education, Freedom for All Americans, where he led a successful campaign for transgender nondiscrimination protections in New Hampshire.  He oversaw a full range of legislative lobbying, field organizing, and communications strategies and oganized a leadership coalition, established structure, and divided roles for key committees of 17 state and national partner organizations and local activists.   

Heng-Lehtinen conducted English-language interviews with outlets such as The New York Times, CNN, MSNBC, and Politico. He planned a Transgender Leadership Summit for the Transgender Law Center and served as Development & Donor Services Assistant, Liberty Hill Foundation. He earned his bachelor’s degree in Latin American Studies from Brown University.

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D.C., Va., Md. to commemorate World AIDS Day

Cathedral of St. Matthew the Apostle will hold a Mass, candlelight prayer vigil

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Washingtonians participate in a World AIDS Day candlelight vigil in Dupont Circle in 2021. (Washington Blade photo by Michael Key)

The D.C. area will observe World AIDS Day on Dec. 1 through a variety of community events.

Established by the World Health Organization in 1988, World AIDS Day aims to raise awareness about HIV/AIDS and honor the individuals affected by the epidemic. The global theme for 2025 is “overcoming disruption, transforming the AIDS response.”

Washington

DC Health will host a World AIDS Day event at the Martin Luther King, Jr. Library from noon to 9 p.m on Dec. 1. Attendees can expect live performances, free food and free HIV testing.

The all-day event will also feature community resources from DC Health, DC Public Library, DC Health Link, Serve DC, and the Mayor’s Office of LGBTQ Affairs.

The Lily and Earle M. Pilgrim Art Foundation is partnering with Visual AIDS, a New York-based non-profit that uses art to fight AIDS, to reflect on World AIDS Day with a film screening on Dec. 1.

The David Bethuel Jamieson Studio House at Walbridge in Mount Pleasant will premiere “Meet Us Where We’re At,” an hour-long collection of six videos. The free screening highlights the complexity of drug use in intersection with the global HIV epidemic.

The videos, commissioned by artists in Brazil, Germany, Nigeria, Puerto Rico and Vietnam, showcase the firsthand experience of drug users, harm reduction programs, and personal narratives. The program intends to showcase drug users as key individuals in the global response to HIV.

In addition to streaming the videos, the event will include an evening potluck and conversation led by Peter Stebbins from 6-8 p.m.

The Cathedral of St. Matthew the Apostle will hold a 5:30 p.m. Mass and candlelight prayer vigil at 6 p.m. in honor of World AIDS Day on Dec. 1. The event is open to all and includes a subsequent reception at 6:30 p.m.

The Capital Jewish Museum is hosting a speaker series on Dec. 2 from 6:30-8 p.m. that explores the response to AIDS within the Jewish community. Speakers include LGBTQ psychiatrist Jeffrey Akman, physician assistant Barbara Lewis and Larry Neff, lay service leader at Bet Mishpachah, a synagogue founded by LGBTQ Washingtonians. Heather Alt, deputy director of nursing at Whitman-Walker Health, will moderate the event.

The program is free for museum members. General admission is $10 and Chai tickets, which help subsidize the cost of general admission, are $18. Tickets include access to LGBT Jews in the Federal City, a temporary exhibition that collectively explores Washington, Judaism, and LGBTQ history. The exhibition is on view through Jan. 4, 2026.

Virginia

Alexandria Mayor Alyia Gaskins and local residents will commemorate World AIDS Day on Dec. 1 at the Lee Center. 

The event, which is free to attend, will include music, choir performances, educational moments and more. The commemoration will be held from 6:30-8:30 p.m.

Maryland

The Frederick Center will host talks, tabling and a raffle in honor of World AIDS Day. The Frederick County Health Department will conduct free HIV testing.

The event, which is free to attend, will be held on Nov. 30 from 1-4 p.m. The Frederick County Health Department always offers free, walk-in HIV testing on Tuesdays and Fridays from 9 a.m. to 3 p.m.

The Prince George’s County Alumnae Chapter of Delta Sigma Theta Sorority will host a community day of awareness in honor of World AIDS Day on Dec. 6 from 1 a.m. to 2 p.m. The free event will feature free, confidential HIV testing, private talks with medical professionals and health workshops.

The event will be held at Suitland Community Center in Forestville and will include breakfast and snacks.

Damien Ministries is commemorating World AIDS Day on Dec. 1 through the grand opening of the We the People Community & Wellness Collaborative. The event, held at 11:30 a.m. at 4061 Minnesota Avenue, N.E., is free to attend.

Damien Ministries is a faith-based non-profit committed to supporting those with HIV/AIDS.

Begin Anew, a Baltimore non-profit that provides education, outreach and resources to improve public health, wellness and economic stability, is hosting its 4th Annual World AIDS Day Community Celebration on Dec. 1 alongside community partners.

Hosted at the University of Maryland BioPark from noon to 3 p.m., the program will feature keynote speaker Jason E. Farley of the Johns Hopkins School of Medicine. The celebration will also dedicate awards to local heroes focused on fighting HIV/AIDS and promoting health equity.

The free event includes lunch, live entertainment and networking opportunities with health advocates and partners.

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District of Columbia

Bowser announces she will not seek fourth term as mayor

‘It has been the honor of my life to be your mayor’

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(Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser, a longtime vocal supporter of the LGBTQ community, announced on Nov. 25 that she will not run for a fourth term.

Since first taking office as mayor in January 2015, Bowser has been an outspoken supporter on a wide range of LGBTQ related issues, including marriage equality and services for LGBTQ youth and seniors.

Local LGBTQ advocates have also praised Bowser for playing a leading role in arranging for widespread city support in the city’s role as host for World Pride 2025 in May and June, when dozens of LGBTQ events took place throughout the city.

She has also been credited with expanding the size and funding for the Mayor’s Office of LGBTQ Affairs, which was put in place as a Cabinet level office by the D.C. Council in 2006 under the administration of then-Mayor Anthony Williams.

It was initially called the Office of Gay, Lesbian, and Transgender Affairs. At Bowser’s request, the D.C. Council in 2016 agreed to change the name as part of the fiscal year 2016 budget bill to the Office of Lesbian, Gay, Bisexual, Transgender, and Questioning Affairs.

As she has in numerous past appearances at LGBTQ events, Bowser last month greeted the thousands of people who attended the annual LGBTQ Halloween 17th Street High Heel Race from a stage by shouting that D.C. is the “gayest city in the world.”

In a statement released after she announced she would not run for a fourth term in office; Bowser reflected on her years as mayor.

“It has been the honor of my life to be your mayor,” she said. “When you placed your trust in me 10 years ago, you gave me an extraordinary opportunity to have a positive impact on my hometown,” her statement continues.

“Together, you and I have built a legacy of success of which I am immensely proud. My term will end on Jan. 2, 2027. But until then, let’s run through the tape and keep winning for D.C,” her statement concludes.

Among the LGBTQ advocates commenting on Bowser’s decision not to run again for mayor was Howard Garrett, president of D.C.’s Capital Stonewall Democrats, one of the city’s largest local LGBTQ political groups.  

“I will say from a personal capacity that Mayor Bowser has been very supportive of the LGBTQ community,” Garrett told the Washington Blade. “I think she has done a great job with ensuring that our community has been protected and making sure we have the resources needed to be protected when it comes to housing, public safety and other areas.”

Garrett also praised Bowser’s appointment of LGBTQ advocate Japer Bowles as director of the Office of LGBTQ Affairs,

“Under the leadership of the mayor, Japer has done a fantastic job in ensuring that we have what we need and other organizations have what they need to prosper,” Garrett said.

Cesar Toledo, executive director of the D.C. based Wanda Alston Foundation, which provides housing services for homeless LGBTQ youth, credits Bowser with transforming the Office of LGBTQ Affairs “into the largest and most influential community affairs agency of its kind in the nation, annually investing more than $1 million into life-saving programs.”

Toledo added, “Because of the consistent support of Mayor Bowser and her administration, the Wanda Alston Foundation has strengthened and expanded its housing and counseling programs, ensuring that more at-risk queer and trans youth receive the safety, stability, and life-saving care they deserve.”

Gay Democratic activist Peter Rosenstein is among those who have said they have mixed reactions to Bowser’s decision not to run again.

“I am sorry for the city but happy for her that she will now be able to focus on her family, and her incredible daughter,” Rosenstein said.

“She has worked hard, and done great things for D.C,” Rosenstein added. “Those include being a stalwart supporter of the LGBTQ community, working to rebuild our schools, recreation centers, libraries, gaining the RFK site for the city, and maintaining home rule. She will be a very hard act to follow.”

Local gay activist David Hoffman is among those in the city who have criticized Bowser for not taking a stronger and more vocal position critical of President Donald Trump on a wide range of issues, including Trump’s deployment of National Guard soldiers to patrol D.C. streets. Prior to Bowser’s announcement that she is not running again for mayor, Hoffman said he would not support Bowser’s re-election and would urge the LGBTQ community to support another candidate for mayor.

Bowser supporters have argued that Bowser’s interactions with the Trump-Vance administration, including her caution about denouncing the president, were based on her and other city officials’ desire to protect the interests of D.C. and D.C.’s home rule government. They point out that Trump supporters, including Republican members of Congress, have called on Trump to curtail or even end D.C. home rule.

Most political observers are predicting a highly competitive race among a sizable number of candidates expected to run for mayor in the 2026 D.C. election. Two D.C. Council members have said they were considering a run for mayor before Bowser’s withdrawal.

They include Councilmember Janeese Lewis George (D-Ward 4), who identifies as a democratic socialist, and Councilmember Kenyan McDuffie (I-At-Large), who is considered a political moderate supportive of community-based businesses. Both have expressed strong support for the LGBTQ community.

The Washington Post reports that Bowser declined to say in an interview whether she will endorse a candidate to succeed her or what she plans to do after she leaves office as mayor.     

Among her reasons for not running again, she told the Post, was “we’ve accomplished what we set out to accomplish.”

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