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.
District of Columbia
Curve magazine honors Washington Blade publisher
Lynne Brown named to 2026 Power List
Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.
“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.
Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010.
“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.
“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.”
Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers.
Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”
Rehoboth Beach
Auction of Rehoboth’s Blue Moon canceled
Details on sale of iconic bar, restaurant not disclosed
The Blue Moon in Rehoboth Beach, Del., has been an iconic presence in the local LGBTQ community for four decades but its status remains murky after a sheriff’s auction of the property was abruptly called off on Tuesday.
The property was listed for sale in December. At that time, owner Tim Ragan told the Blade that he is committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Ragan said in December. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney were separating the real estate from the business. The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million.
The bar and restaurant business is being sold separately; the price was not publicly disclosed.
But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer has been found but the sale is not yet final. As of Wednesday morning, the listing has been removed from the sheriff’s auction site.
Ragan didn’t respond to Blade inquiries about the auction. Back in December, he told the Blade, “It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” noting that he turns 70 this year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
The identity of the buyer was not disclosed, nor was the sale price.
Delaware
Delaware school district remains supportive after Trump attacks on trans students
Cape Henlopen has gender identity nondiscrimination policy
The Cape Henlopen School District in Delaware, one of five school districts in several states where the U.S. Department of Education earlier this month rescinded agreements protecting the rights of transgender students, says it will continue to provide a “safe and supportive learning environment” for all students.
In response to a request for comment, a spokesperson for the Cape Henlopen district sent the Washington Blade a short statement on its response to the federal Education Department’s action under orders from the Trump administration that ended what were called school district “resolution agreements” put in place under the administration of President Joe Biden.
Among other things, the federally initiated agreements required schools to train faculty on responding to a student’s preferred name and pronouns and to implement policies that allow transgender students to use bathrooms and locker rooms that align with their gender identity.
“The Cape Henlopen School District has received correspondence from the U.S. Department of Education’s Office of Civil Rights regarding the resolution agreement entered in March 2024,” the Cape Henlopen School District’s statement says. “As always, we are committed to providing a safe and supportive learning environment where all students can succeed,” it says.
“We will continue to work collaboratively to ensure our practices and programs support the well-being, growth, and achievement of every student in our District,” the statement concludes.
Although it did not respond specifically to the Trump-initiated action ending federal protections for trans students, a statement on the Cape Henlopen School District’s website says the district has a policy of non-discrimination based on a wide range of categories, including race, religion, creed, gender, and “sexual orientation or gender identity.”
The Trump administration’s latest action does not take away nondiscrimination policies put in place by school districts on their own.
The Cape Henlopen district is in Sussex County, a short distance from Rehoboth Beach, a Delaware resort town with many LGBTQ residents and summer visitors.
The other school districts for which the U.S. education department ended the trans nondiscrimination agreements include the Delaware Valley School District in Pennsylvania, Sacramento City Unified School District in California, Fife School District in Washington State, and La Mesa Spring Valley School District also in California.
Kimberly Richey, the Department of Education’s Assistant Secretary for Civil Rights, said in a statement that the decision to terminate the school agreements highlighted the Trump administration’s efforts to prevent trans students from participating in girls’ and women’s sports teams and accessing shared locker rooms.
“Today, the Trump administration is removing the unnecessary and unlawful burdens that prior administrations imposed on schools in its relentless pursuit of a radical transgender agenda,” she said in her statement.
Shiwali Patel, an official with the National Women’s Law Center, said in a statement that the action removing protections for trans students would negatively impact all students.
“There is absolutely no basis for what the Department of Education is doing, and it is unimaginably cruel,” she said. “Parents, teachers, and students need the Department to focus on addressing real harms on campuses instead of rolling back policies that keep all students safe.”
