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Supreme Court urged to deny stay on Utah same-sex marriages

Attorneys argue stay would impose ‘intolerable and dehumanizing burden’ on gay couples

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Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade
Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade

Attorneys for gay couples are urging the Supreme Court to reject a stay on Utah same-sex marriages (Washington Blade photo by Michael Key).

Gay couples should be able to continue to wed to Utah because the imposition of stay on their marriages would cause them “undisputed, irreparable harm,” attorneys for three same-sex couples wrote Friday in a filing to the U.S. Supreme Court.

The 40-page brief, which was filed in response to the stay request from Utah state officials to the Supreme Court, lays out the case for why halting same-sex marriages as litigation proceeds through the courts would cause harm.

“Forcing same-sex couples and their families to wait and hope for the best during the pendency of this appeal imposes an intolerable and dehumanizing burden that no family should have to endure,” the filing states.

The brief is signed by James Magleby, one of the attorneys at Magleby & Greenwood PC representing the three same-sex couples who are either seeking to marry in Utah or have the state recognize their marriage.

Gay couples have been able to wed in Utah since Dec. 20, when U.S. District Judge Robert Shelby ruled the state’s 2004 ban on same-sex marriage, known as Amendment 3, was unconstitutional. State officials didn’t make a stay request until after the ruling was handed down, and afterward both the district court and the U.S. Tenth Circuit Court of Appeals rejected requests for a stay.

After their stay requests were denied by lower courts attorneys for Utah Gov. Gary Herbert and Attorney General Sean Reyes issued a stay request this week before the U.S. Supreme Court.

Although the high court is expected to take up on the issue of marriage equality at some point in the future, Magleby writes that the Supreme Court may not necessarily take up this case once the Tenth Circuit issues its ruling.

“The constitutional issues presented in this case plainly are of great importance; however, currently there are more than twenty-five state and federal lawsuits, in at least 15 states, challenging state laws barring marriage by same-sex couples on federal constitutional grounds,” Magleby writes. “Therefore, while it is certainly possible the court ‘could’ grant certiorari in this case, Applicants cannot show that it ‘very likely would’ do so.”

The stay request is pending before U.S. Associate Justice Sonia Sotomayor, who has jurisdiction for stay requests over the Tenth Circuit. She 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.

There’s no set time for when the court needs to render a decision, although an order is expected soon.

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.

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Virginia

Abigail Spanberger sworn in as Va. governor

Former congresswoman took office Saturday

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Virginia Gov. Abigail Spanberger gives her inaugural address outside of the Virginia State Capitol on Jan. 17, 2026. (Washington Blade photo by Michael Key)

Abigail Spanberger was sworn in as the 75th governor of Virginia at a ceremony on the grounds of the Virginia State Capitol on Saturday. Thousands of spectators watched the swearing-in ceremony and parade, despite the rain and temperatures in the low 40s.

Spanberger, a member of the Democratic Party and an LGBTQ ally, became the first woman to be Virginia’s governor.

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Newly-elected Attorney General Jay Jones, Lt. Gov. Ghazala Hashmi, and Spanberger were each administered the oath of office in the public ceremony.

Former Gov. Glenn Youngkin walks with Virginia First Lady Suzanne Youngkin to his seat in his final act as Virginia’s governor. (Washington Blade photo by Michael Key)

Republican former Gov. Glenn Youngkin left the ceremony shortly after the oath of office was administered to Spanberger and before the inaugural address.

In her speech, the new governor made an appeal to bipartisanship and looking past division in our current moment.

“To my friends in the General Assembly — on both sides of the aisle — I look forward to working with you,” said Spanberger. “I know what it means to represent your constituents, to work hard for your district, and to pursue policies you believe in. We will not agree on everything, but I speak from personal experience when I say that we do not have to see eye-to-eye on every issue in order to stand shoulder-to-shoulder on others.”

Spanberger acknowledged Virginians’ frustrations with federal layoffs and governmental policy.

“I know many of you are worried about the recklessness coming out of Washington. You are worried about policies that are hurting our communities — cutting healthcare access, imperiling rural hospitals, and driving up costs,” said Spanberger. “You are worried about Washington policies that are closing off markets, hurting innovation and private industry, and attacking those who have devoted their lives to public service.”

Spanberger alluded to the Trump-Vance administration, through never mentioned President Donald Trump’s name in her remarks.

Spanberger said, “you are worried about an administration that is gilding buildings while schools crumble, breaking the social safety net, and sowing fear across our communities, betraying the values of who we are as Americans, the very values we celebrate here on these steps.”

The new governor then spoke of her priorities in office, pledging to tackle housing affordability by working to “cut red tape” and increase housing supply. Spanberger also spoke of forestalling an impending healthcare crisis by protecting access and cracking down on “middlemen who are driving up drug prices.”

Spanberger spoke of investments in education at every level, standing up for workers (including the large number of federal workers in Virginia), and taking action on gun violence.

Virginia married couple Mary Townley and Carol Schall witnessed the inauguration ceremony from the stands set up on the grounds of the Capitol. Schall and Townley are one of the plaintiff couples in the case that challenged the Virginia constitutional ban on same-sex marriage.

Same-sex marriage became legal in Virginia in 2014.

“We are delighted with the inauguration of Abigail Spanberger as governor of Virginia,” Schall told the Washington Blade. “The celebration of her inauguration was full of the beautiful diversity that is Virginia. The Virginia Pride contingent was included as a part of what makes Virginia a great place to live.”

“Such an honor to attend such a wonderful event in Virginia history,” Townley told the Blade. “The weather before the Inauguration was cold and rainy, but I believe it represented the end of a dreary time and it ushered in the dry and sunny weather by the end of the inaugural parade. Madam Governor brought us to the light!”

The inaugural parade following the governor’s remarks included a contingent from Diversity Richmond and Virginia Pride. Marchers in the LGBTQ contingent carried a giant Progress Pride flag and were met with loud cheers from the gathered spectators.

Gov. Abigail Spanberger (top, center) shows her appreciation to the LGBTQ contingent marching in the inaugural parade on Jan. 17, 2026. (Washington Blade photo by Michael Key)

Spanberger after her inauguration signed 10 executive orders. One of them bans discrimination against state employees based on sexual orientation, gender identity, and other factors.

“By virtue of the authority vested in me as Governor under Article V of the Constitution of
Virginia, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to ensure equal opportunity in all facets of state government,” reads the executive order. “The foundational tenet of this executive order is premised upon a steadfast commitment to foster a culture of inclusion, diversity, and mutual respect for all Virginians.

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Virginia

VIDEO: LGBTQ groups march in Va. inaugural parade

Abigail Spanberger took office on Saturday

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Diversity Richmond and the Virginia Pride project of Diversity Richmond march in the 2026 Inauguration Parade on the grounds of the state capitol in Richmond, Va. (Washington Blade photo by Michael Key)

The inaugural ceremonies for Virginia Gov. Abigail Spanberger were held in Richmond, Va. on Saturday. Among the groups marching in the parade were Diversity Richmond and the Virginia Pride project of Diversity Richmond.

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The LGBTQ contingent in the inaugural parade in Richmond, Va. pass by the review stand on Jan. 17, 2026. (Washington Blade photo by Michael Key)
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Virginia

Va. Senate approves referendum to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate on Friday by a 26-13 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3. The Senate Privileges and Elections Committee on Wednesday approved it by a 10-4 vote margin.

Same-sex couples have been able to legally marry in Virginia since 2014. Outgoing Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

“It’s time for Virginia’s Constitution to reflect the law of the land and the values of today,” said Ebbin after Friday’s vote. “This amendment, if approved by voters, would affirm the dignity of all committed couples and protects marriage equality for future generations.”

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