News
Supreme Court urged to deny stay on Utah same-sex marriages
Attorneys argue stay would impose ‘intolerable and dehumanizing burden’ on gay couples

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.
Kazakhstan
Kazakh Senate approves anti-LGBTQ propaganda bill
Measure ‘would undermine fundamental rights guaranteed under’ constitution
The Kazakh Senate on Thursday approved a bill that would ban so-called LGBTQ propaganda in the country.
Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” Senators earlier this month delayed a vote on the bill.
President Kassym-Jomart Tokayev has indicated he would sign it.
“If enacted, these provisions would undermine fundamental rights guaranteed under Kazakhstan’s Constitution, particularly the principle of equality and non-discrimination, by directly targeting and stigmatizing LGBTI people and anyone perceived to support them,” said ILGA-Europe in a statement after Thursday’s vote.
Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China. Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.
District of Columbia
Brian Footer suspends campaign for Ward 1 D.C. Council seat
Race’s third LGBTQ candidate cites family reasons for ‘stepping back’
Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.
“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”
Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.
Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.
At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.
In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.
“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”
Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.
His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.
“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”
Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”
Politics
LGBTQ Democrats say they’re ready to fight to win in 2026
DNC winter meetings took place last weekend in Los Angeles
The Democratic National Committee held its annual winter meetings in Downtown Los Angeles over the weekend, and queer Democrats showed up with a clear message for the national organization: don’t abandon queer and transgender people.
Following last year’s disastrous presidential and congressional elections, many influential pundits and some powerful lawmakers called on Democrats to distance the party from unpopular positions on trans rights, in order to win swing districts by wooing more conservative voters.
But members of the DNC’s LGBTQ Caucus say that’s actually a losing strategy.
“There are still parts of our party saying we need to abandon trans people in order to win elections, which is just not provable, actually. It’s just some feelings from some old consultants in DC,” LGBTQ Caucus Chair Sean Meloy says.
Some national Democrats are already backtracking from suggestions that they walk back on trans rights.
California Gov. Gavin Newsom grabbed national attention in March when he suggested that it was “deeply unfair” for trans girls to play in women’s sports. But last week, he doubled down on support for trans rights, claiming to have signed more trans-rights legislation than any governor in the country, and entering into feuds on X with Elon Musk and Nicki Minaj over his support for trans kids.
Democrats are also clearly feeling the wind in their sails recently after major election victories in Virginia and New Jersey last month, as well as victories in dozens of local and state legislative elections across the country in 2025.
“[Abigail] Spanberger in Virginia didn’t win by dodging the trans question. She won by attacking it, confronting it, and that’s how she got ahead,” says Vivian Smotherman, a trans activist and at-large member of the DNC’s LGBTQ Caucus.
“Trans people are not a problem. We are a resource,” Smotherman says. “For my community, surviving into adulthood is not a guarantee, it’s an accomplishment. You don’t walk through a survival gauntlet without learning things … I’m not begging the DNC to protect my community. I’m here to remind you that we are the warriors tempered by fire, and we are fully capable of helping this party win.”
At its own meeting on Friday, the LGBTQ Caucus announced several new initiatives to ensure that queer and trans issues stay top of mind for the DNC as it gears up for the midterm elections next year.
One plan is to formalize the DNC’s Trans Advisory Board as distinct from the LGBTQ Caucus, to help introduce candidates across the country to trans people and trans issues.
“One in three people in this country know a trans person. Two-thirds of Americans don’t think they do,” Smotherman says. “So the real problem is not being trans, it’s that you don’t know us. You cannot authentically support a trans person if you’ve never met one.
“That’s why my first goal with this Trans Advisory Board is to host a monthly Meet a Trans Person webinar. Not as a spectacle, as a debate, but as a human connection, and I will be charging every state chair with asking every one of their candidates up and down the board if they know a trans person. And if that person doesn’t know a trans person, I’m gonna have that state chair put them on that webinar.”
The LGBTQ caucus is also opening up associate membership to allies who do not identify as LGBTQ, in order to broaden support and connections over queer issues.
It’s also preparing for the inevitable attacks Republicans will throw at queer candidates and supporters of LGBTQ issues.
“These attacks are going to come. You have to budget money proactively. You have to be ready to fight,” Meloy says. “There are some local party chairs who don’t want to recruit LGBTQ candidates to run because these issues might come up, right? That’s an absolutely ludicrous statement, but there are still people who need support in how to be ready and how to respond to these things that inevitably come.”
“The oldest joke is that Democrats don’t have a spine. And when they come after us, and we do not reply, we play right into that.”
Meloy also alluded to anti-LGBTQ tropes that queer people are out to harm children, and said that Democrats should be prepared to make the case that it’s actually Republicans who are protecting child abusers – for example, by suppressing the Epstein files.
“They are weak on this issue. Take the fight, empower your parties to say, ‘These people have nothing to stand on,’” Meloy says.
