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Supreme Court stays Utah same-sex marriages

Justices put an end to same-sex marriages in Beehive State as litigation continues

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Supreme Court, gay news, Washington Blade
Supreme Court, gay news, Washington Blade

The U.S. Supreme Court has denied a stay on Utah same-sex marriages (Washington Blade file photo by Michael Key).

The U.S. Supreme Court approved on Monday a stay request on same-sex marriages in Utah, prohibiting gay couples from continuing to wed in the Beehive State as litigation proceeds throughout the courts.

According to the court order, justices ruled to grant the application of stay filed last week by attorneys for Utah Gov. Gary Herbert and Attorney General Sean Reyes in the case of Kitchen v. Reyes.

“The permanent injunction issued by the United States District Court for the District of Utah, case No. 2:13-cv-217, on December 20, 2013, is stayed pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit,” the order states.

The vote of the full court indicates U.S. Associate Justice Sonia Sotomayor, who’s response for stay requests in the Tenth Circuit, referred the matter to the entire to the entire court instead of deciding the issue for herself. How each justice voted on the matter isn’t disclosed, but at least five justices must have voted in the affirmative to grant a stay.

The district court that ruled in favor of marriage equality in Utah on Dec. 20 and the U.S. Tenth Circuit Court of Appeals had already denied stay requests from Utah. But as the highest court in the country, the U.S.  Supreme Court has the final word on the stay, so same-sex couples have no further recourse in the matter.

State officials asked the Supreme Court to halt the same-sex marriage in Utah on the basis their continuation would cause financial harm to the state and the couples themselves if their unions were deemed invalid at at a later time. Private attorney Monte Stewart, a Utah-based lawyer and known opponent of same-sex marriage, had signed on to the brief as counsel of record.

Although the Supreme Court has granted the stay request, the litigation that brought marriage equality to Utah hasn’t been resolved and is pending before the Tenth Circuit.

The appellate court has agreed to take up the issue on an expedited basis. State officials’ opening brief must be filed by Jan. 27. The response from attorneys for gay couples is due Feb. 18, and state officials have a chance to respond to that filing by Feb. 25.

James Magleby, one of the attorneys at Magleby & Greenwood PC representing the three plaintiff couples in the lawsuit, said the decision by the Supreme Court was “obviously disappointing,” but predicted in the end the Tenth Circuit would bring justice to same-sex couples seeking to marry.

“This temporary stay has no bearing on who will win on appeal,” Magleby said. “We look forward to defending Judge Shelby’s decision in the Tenth Circuit. We were confident when we filed the case in 2013, we were confident when we presented the arguments to the district court, and we remain equally – if not more – confident about our defense of marriage equality before the Tenth Circuit.”

LGBT advocates also expressed disappointment with the decision by the Supreme Court, but said they believe it would be only temporary.

Chad Griffin, president of the Human Rights Campaign, said in a statement the stay in Utah same-sex marriages is “disappointing,” but predicted marriage equality would prevail in the end.

“We still live in two Americans where full equality is within reach in one, and another where even basic protections are non-existent,” Griffin said. “As the marriage equality map expands, history is on our side and we will not rest until where you live is not a barrier to living your dreams.”

John Mejia, legal director of the American Civil Liberties Union of Utah, said in a statement Utah should continue to recognize same-sex marriages already performed in the state as valid.

“The huge response that we have seen since the federal court’s ruling shows how important the freedom to marry is in the state of Utah,” Mejia said. “Though future marriages are on hold for now, the state should recognize as valid those marriages that have already been issued, and those couples should continue to be treated as married by the federal government.”

But at least one advocate against same-sex marriage was happy with the decision.

Brian Brown, president of the anti-gay National Organization for Marriage, praised the Supreme Court as he took a swipe at U.S. District Judge Robert Shelby for issuing the ruling in the first place.

“The actions of this activist judge are an affront to the rule of law and the sovereign rights of the people of Utah to define marriage,” Brown said. “Shelby has attempted to twist what the Supreme Court ruled in the Windsor decision – that states have the right to define marriage – and turn it into the exact opposite conclusion. It’s gratifying that the US Supreme Court has decided to stop this nonsense and allow the state of Utah the time to reverse it on appeal.”

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Comings & Goings

Freedman-Gurspan takes role in Mass. governor’s administration

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Raffi Freedman-Gurspan

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]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to Raffi Freedman-Gurspan on being appointed Associate Director, Federal Funding & Infrastructure Office, at the Massachusetts Executive Office for Administration & Finance. Freedman-Gurspan will be returning to her hometown of Boston and joining Gov. Maura Healey’s Administration. Freedman-Gurspan served in both the Obama and Biden administrations as well as worked in LGBTQ and redistricting advocacy during her 11 years in D.C. 

Freedman-Gurspan was the first openly transgender person on the White House staff when she worked for President Obama. She most recently served at the U.S. Department of Transportation in former Secretary Pete Buttigieg’s office, as Deputy Director of Public Engagement. Previously she worked with the National Redistricting Action Fund/The All On The Line Campaign, as Deputy States Director.  She worked for the National Center for Transgender Equality (NCTE) as Director of External Relations. In the Obama White House, she worked in the Office of Public Engagement, as Senior Associate Director. She was the White House Liaison to the LGBTQ community responsible for management of all public inquiries on matters regarding LGBTQ people, including recommending public responses to senior leadership, assisting in drafting administration talking points, and coordinating stakeholder engagement with the White House offices.  She worked with the White House, Presidential Personnel Office (PPO), as Outreach and Recruitment Director.  

Prior to that she was on the staff of Commonwealth of Massachusetts, House of Representatives Office of State Rep. Carl Sciortino, as legislative director, and worked for the City of Somerville, Health Department, Office of Commissions, Somerville, Mass., as LGBTQ Liaison.  

Freedman-Gurspan served on the United States Holocaust Memorial Council, the Presidentially Appointed Council; and as a member, and Board Member, Boston University, College of Arts and Sciences, Women’s, Gender & Sexuality Studies Program.

She earned her bachelor’s degree in Political Science and Norwegian, concentration in Nordic Studies, from St. Olaf College, Northfield, Minn.  

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District of Columbia

Murdered Israeli embassy officials were supporters of D.C.’s LGBTQ synagogue

Bet Mishpachah calls fatal shooting outside Capital Jewish Museum ‘devastating’

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Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, Oct. 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind & Al Munzer)

The two Israeli embassy officials who were shot to death outside D.C.’s Capital Jewish Museum Wednesday evening, May 21, were strong supporters of Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, according to a statement it released.

“We are especially devastated by the loss of our dear colleague and friend of Bet Mishpachah, Sarah Milgram, and her soon to be fiancé, Yaron Lischinsky,” the LGBTQ synagogue said in a May 22 statement.

“Sarah was the liaison between Bet Mishpachah  and the Israeli Embassy, working closely with our staff and clergy,” the statement says. “Her warmth, professionalism, and deep commitment to building bridges within the Jewish community made her not only a trusted partner but a beloved part of our extended congregational family,” according to the statement.

A statement also released on May 22 by the office of the United States Attorney for the District of Columbia says Chicago resident Elias Rodriguez, 30, has been charged with two counts of first-degree murder along with other weapons related charges in connection with the shooting deaths of Milgram and Lischinsky. 

Officials with the D.C. police and the FBI, which has joined D.C. police in continuing to investigate the case, have said Rodriquez arrived in D.C. from Chicago one day prior to the shooting and appears to have targeted an event taking place at the Capital Jewish Museum for violence at the time it was hosting an event called “Young Diplomats Reception,” in which Israeli Embassy officials were in attendance.

Police and FBI officials have said Rodriguez allegedly shot Milgrim and Lischinsky after they left the Capital Jewish Museum at the conclusion of the event. The museum is located at 575 3rd Street, N.W.

“Surveillance footage reportedly shows Rodriquez walking past the victims before turning and firing multiple rounds,” the U.S. Attorney’s statement says. “After the victims fell, he allegedly continued firing at close range, including as one attempted to crawl away,” it says, adding, “Investigators recovered a 9 mm handgun and 21 spent shell casings at the scene.”

Police have said Rodriguez walked into the Capital Jewish Museum after the shooting and was detained by security guards until D.C. police arrived. Witnesses said he began to shout, “free, free Palestine” before police took him into custody. 

“Make no mistake, this attack was targeted, antisemitic violence,” said Steven Jenson, an FBI assistant director working on the investigation. “The FBI will continue to pursue all leads and use all available resources to investigate this heinous murder,” he said in the statement. 

The fatal shooting took place five days after the Capital Jewish Museum opened a special exhibition called “LGBT Jews in the Federal City” on May 16. “This landmark exhibition explores a turbulent century of celebrations, activism, and change in the nation’s capital by D.C.’s LGBTQ+ Jewish community,” the museum said in a statement announcing the exhibition.

Photos and documents related to Bet Mishpachah make up a prominent part of the exhibition.

During a May 22 press conference organized by the U.S. Attorney for D.C., Jeanine Pirro, to provide an update on the investigation into the two murders, Pirro and FBI official Jensen referred to the two murders as a hate crime and terrorist act. 

In response to a question from the Washington Blade asking if investigators were looking into whether the LGBTQ exhibition at the Capital Jewish Museum might have played some role in Gonzales’s motive for targeting the museum, Pirro responded to the question.

“So, we are looking into absolutely everything,” she said. “There is so much information we’re looking at. And I must tell you, coming from New York, I’ve never seen the cooperation and coordination that I’m seeing here. It was immediate. It was instant. It was coordinated. And my hat’s off to this area. We’re going to clean it up, thank you,” she said in ending the press conference.

Josh Maxey, Bet Mishpachah’s executive director, said he and Israeli Embassy official Milgram became friends during their two-and-a-half-year interaction working on joint events between the embassy and Bet Mishpachah.

“This became a wonderful two and a half years journey of putting events together, of hosting events together, doing different programs for the community,” Maxey told the Blade. Among the activities the two worked on, he said, was the embassy’s annual LGBTQ Pride event.

Maxie said his own grieving over the death of Milgram and her boyfriend Lischinsky was heightened by the fact that he spoke with her by phone on the day of the shooting shortly before she arrived at the Jewish Museum over plans about this year’s LGBTQ Pride events.

“Sarah really championed us to be included in Israeli events,” Maxey said. “And so, I am just devastated that this true embodiment of an ally was so viciously and violently taken away from us.”

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Delaware

Delaware marriage equality bill advances out of committee

Measure will now go before full state Senate

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Sen. Russ Huxtable introduced the measure to protect same-sex marriage in Delaware. (Washington Blade photo by Daniel Truitt)

The bill that would amend Delaware’s state constitution to codify same-sex marriage advanced out of the Senate Executive Committee on Wednesday and now goes to the Senate chamber for a vote. If passed, the vote would go on to the House. 

Three members of the committee voted favorable and one voted on its merits, meaning the member recommends the chamber take action on the legislation but does not take a position on what action should be taken. 

Senate Bill 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware and has 21 co-sponsors. It is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex. 

The Wednesday committee meeting heard testimony on SS 1 for SB 100 from individuals and organizations, including John Reynolds, Deputy Policy and Advocacy Director of Delaware’s chapter of the American Civil Liberties Union. 

“After hard fought recent victories, the rights of LGBTQ Americans are under attack in many places across our country,” Reynolds said during his testimony. “It is important that Delaware be proactive and serve as a firewall protecting individual civil liberties. SS 1 for SB 100 is an example of this important work cementing the protections for marriage equality in our state constitution.”

According to Sen. Huxtable, the ACLU helped provide feedback on some of the bill’s language. Reynolds said the ACLU thought it was important to testify because this is a moment when so much is changing.

“These attacks are not just on specific communities, they’re on this concept of equality and liberty,” Reynolds told the Washington Blade. “We need to build these firewalls to both prevent harm to folks on the frontline of these attacks but also ensure that we don’t set very problematic and damaging standards that can be used to roll back protections for large [swaths] of our population.”

SS 1 for SB 100 requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state constitution without a vote of the people. 

The Respect for Marriage Act was passed by the United States Congress in 2022 and signed into law by then-President Joe Biden. It codifies the right to same-sex and interracial marriage, requiring all states to recognize validly performed marriages from other states, regardless of whether they allow same-sex marriage within their own borders. 

In Virginia, a bill codifying marriage equality was signed into law in 2024. California, Colorado and Hawaii have also passed amendments to codify same-sex marriage into their constitutions. 

“We at the ACLU of Delaware are very excited that SS 1 for SB 100 passed out of committee yesterday,” Reynolds said. “It represents both Sen. Huxtable and the Delaware Legislature’s clear commitment to proactively protecting people’s rights within the LGBT community and outside to ensure that in this moment of uncertainty, we don’t sit idly by and wait for the worst to happen but take control of the things that we can to build the communities that we want.”

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