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.”
Rehoboth Beach
SUNFESTIVAL takes center stage as Rehoboth Beach closes out summer
Labor Day Weekend bustling with events, including David Archuleta performance
Labor Day Weekend marks the unofficial end of summer in Rehoboth Beach, but there will be no shortage of LGBTQ events, with CAMP Rehoboth’s annual SUNFESTIVAL taking over town this weekend.
Thursday (9/3)
Get your Labor Day Weekend started early Thursday night with happy hour from 5-7 p.m. at Diego’s Bar & Nightclub, followed by Naughtee Bingo hosted by Magnolia Applebottom at 8:30 p.m.
After bingo, the party continues with Dancing at Diego’s from 9 p.m. to 1:30 a.m.
Aqua Bar & Grill will also kick off its Labor Day Weekend festivities Thursday with a DJ spinning from 9 p.m.-1 a.m.
Friday (9/4)
The weekend ramps up Friday night at Aqua, where DJ Matt Bailer will keep the dance floor moving from 9 p.m.-1 a.m.
Over at Diego’s, DJ Steve Sidewalk will then take over Diego’s for Freedom Friday from 9 p.m.-1:30 a.m.
Saturday (9/5)
The main event of the weekend arrives Saturday with the opening night of CAMP Rehoboth’s SUNFESTIVAL.
Billed as the ultimate party to close out the summer, SUNFESTIVAL has become one of Rehoboth’s signature Labor Day Weekend events. The annual celebration sells out each year, with proceeds benefiting CAMP Rehoboth.
Doors open at 6:30 p.m. with refreshments available at the cash bar while attendees are invited to socialize and find their seats.
Saturday night will feature local singer Ashley Williams as the opening performer, followed by headliner David Archuleta. The event will also feature a live auction.
Back across town Saturday, Aqua will continue its Labor Day Weekend DJ lineup from 9 p.m. to 1 a.m.
Diego’s will also have plenty happening, with ‘Splash Party’ hosted by Magnolia Applebottom at 5 p.m., followed by a Saturday Dance Party with Brett Oosterhaus from 9 p.m.- 1:30 a.m.
The Blue Moon hosts its popular Legends Show at 9 p.m. It’s an all-live singing show by the Blue Moon cast of celebrity impersonators.
Etienne Pilon has taken Rehoboth by storm this summer. Check out the talented singer/pianist at The Pines from 7-10 p.m.
Sunday (9/6)
Sunday’s SUNFESTIVAL event will shift the focus to the dance floor, with globally renowned DJs Robbie Leslie and James Anthony scheduled to perform. Doors open at 7 p.m., with dancing continuing until 1 a.m.
On Sunday, Aqua will throw its annual White Party, with DJs spinning from 9 p.m.-1 a.m. Guests are encouraged to dress in white for the holiday weekend celebration.
Diego’s will host its Sunday High T-Dance with Pamala Stanley at 5 p.m. Later that evening, DJ Tannr will be spinning at 9 p.m.
John Flynn is on the piano from 6-8 p.m. at the Blue Moon.
Monday (9/7)
The final day of Labor Day Weekend brings one last chance to hit the dance floor before summer officially winds down.
Aqua will close out its five-day Labor Day Weekend celebration with DJ Biff from 3-7 p.m.
Maryland
Anne Arundel schools now need parent permission to call trans students by preferred names
Conservative groups challenged system’s policy
By JESSICA CALEFATI | Anne Arundel County Public Schools staff cannot use transgender students’ preferred names if their parents oppose it, according to an internal document reviewed by the Banner, a change that comes after conservative groups challenged the school system’s approach to gender identity.
Teachers union president Kristina Korona told members in an Aug. 20 email that the new guidance undermines district policy on acceptance and inclusivity and “will begin harming affected students immediately.”
Previously, the district didn’t require parental permission to use a high school student’s chosen name and pronouns corresponding to their gender identity, the internal document says. Now it does. The change comes as parents challenge the suburban school system’s gender identity policy and regulation in court and the Trump-Vance administration threatens the district’s funding.
The rest of this article can be found on the Baltimore Banner’s website.
Arizona
Shooting outside gay bar in Ariz. leaves three dead
Tucson police investigating double murder-suicide as a hate crime
Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.
Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.
The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.
Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.
Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.
Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.
“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”
According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.
Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.
“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”
“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”
Other federal lawmakers also condemned the shooting.
The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.
“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”
The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.
“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”
A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.
PHOTOS: Miss Gay Old Bay
SUNFESTIVAL takes center stage as Rehoboth Beach closes out summer
Anne Arundel schools now need parent permission to call trans students by preferred names
Shooting outside gay bar in Ariz. leaves three dead
‘People don’t see me. They see a trend’
San Francisco, long a queer safe haven, remains competitive for homebuyers
Trans, nonbinary Americans find refuge in the Netherlands
Calendar: August 28-September 3
‘Teenage Sex and Death’ has never been more entertaining
Actor Tim Curry dies at 80
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California4 days agoSan Francisco, long a queer safe haven, remains competitive for homebuyers
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Netherlands5 days ago
Trans, nonbinary Americans find refuge in the Netherlands
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Calendar4 days ago
Calendar: August 28-September 3
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Movies4 days ago
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