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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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World

Two LGBTQ people named to Chilean president-elect’s Cabinet

Gabriel Boric and his government takes office on March 11

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Chilean President-elect Gabriel Boric. (Photo via the Chilean government)

Chilean President-elect Gabriel Boric on Friday named two openly LGBTQ people to his Cabinet.

Marco Antonio Ávila, who is a gay man, will be the country’s education minister. Alexandra Benado, who is a lesbian, will be Chile’s sports minister.

Javiera Zúñiga, a spokesperson for Movilh (Movimiento de Integración y Liberación Homosexual), a Chilean LGBTQ rights group, applauded Boric for naming Ávila and Benado to his Cabinet.

“The visibility of sexual orientation and gender identity is no longer an impediment to access any position in Chile,” said Zúñiga in a press release. “Sexual orientation and gender identity are irrelevant for the positions, whether they are public or private. Capability is the only thing that matters.”

Boric and his government will take office on March 11. Chile’s marriage equality law goes into effect the day before.

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National

Florida House committee passes “Don’t Say Gay” bill

Equality Florida quickly condemned the measure

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The Florida State Capitol (Washington Blade photo by Yariel Valdés González)

The Republican majority Florida House Education and Employment Committee on Thursday passed House Bill 1557, the Parental Rights in Education bill, colloquially referred to as the “Don’t Say Gay” bill advancing the measure to the full House.

HB 1557 and its companion bill, Senate Bill 1834, would ban classroom discussions about sexual orientation and gender identity in schools, erasing LGBTQ identity, history, and culture — as well as LGBTQ students themselves.

The bill also has provisions that appear to undermine LGBTQ support in schools and include vague parental notification requirements which could effectively “out” LGBTQ-identifying students to their parents without their consent.

“The Trevor Project’s research has found that LGBTQ youth who learned about LGBTQ issues or people in classes at school had 23 percent lower odds of reporting a suicide attempt in the past year. This bill will erase young LGBTQ students across Florida, forcing many back into the closet by policing their identity and silencing important discussions about the issues they face,” said Sam Ames, director of advocacy and government affairs at the Trevor Project. “LGBTQ students deserve their history and experiences to be reflected in their education, just like their peers.”

In an email to the Los Angeles Blade, Brandon J. Wolf, the press secretary for Equality Florida noted; “Governor DeSantis’ march toward his own personal surveillance state continues. Today, the Don’t Say Gay bill, a piece of legislation to erase discussion of LGBTQ people from schools in Florida, passed its first committee and became another component of an agenda designed to police us in our classrooms, doctor’s offices, and workplaces. Make no mistake — LGBTQ people are your neighbors, family members, and friends. We are a normal, healthy part of society and we will not be erased.”

The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health found that more than 42 percent of LGBTQ youth seriously considered attempting suicide in the past year, including more than half of transgender and non-binary youth.

According to a recent poll conducted by Morning Consult on behalf of The Trevor Project, 85 percent of transgender and non-binary youth — and two-thirds of all LGBTQ youth (66 percent) — say recent debates about state laws restricting the rights of transgender people have negatively impacted their mental health.

When asked about proposed legislation that would require schools to tell a student’s parent or guardian if they request to use a different name/pronoun or if they identify as LGBTQ at school, 56 percent of transgender and non-binary youth said it made them feel angry, 47 percent felt nervous and/or scared, 45 percent felt stressed, and more than 1 in 3 felt sad.

If you or someone you know needs help or support, the Trevor Project’s trained crisis counselors are available 24/7 at 1-866-488-7386, via chat at TheTrevorProject.org/Get-Help, or by texting START to 678678. 

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World

Lesbian couple murdered, dismembered in Mexico border city

Julissa Ramírez and Nohemí Medina Martínez killed in Ciudad Juárez

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From left: Julissa Ramírez and Nohemí Medina Martínez. (Photo via Facebook)

Authorities in the Mexican border city of Ciudad Juárez on Sunday found the dismembered bodies of a lesbian couple along a local highway.

The dismembered body parts of Julissa Ramírez and Nohemí Medina Martínez were found in plastic bags that had been placed along the Juárez-El Porvenir Highway.

El Diario, a Mexican newspaper, reported the married women lived in El Paso, Texas, which is across the Rio Grande from Ciudad Juárez. Authorities said relatives last spoke with Ramírez and Medina on Saturday afternoon.

A source in Ciudad Juárez with whom the Washington Blade spoke on Thursday confirmed Ramírez and Medina “were lesbian women” and their murder was “very violent.”

Members of Comité de la Diversidad Sexual de Chihuahua, an LGBTQ rights group in the state of Chihuahua in which Ciudad Juárez is located, and Chihuahua Gov. María Eugenia Campos Galván are among those who have expressed outrage over the women’s murders. Comité de la Diversidad Sexual de Chihuahua on Wednesday also urged local and state authorities to investigate whether the murder was a hate crime.

“People of sexual diversity are questioned, including their existence through heteronormative discourse,” said the group in a statement. “They have the right to a life free of violence in which they exercise all their rights, in addition to living without fear or fear of rejection and aggressions that can unfortunately escalate to hate crimes.”

El Diario reported Ramírez and Medina are two of the nine women who have been reported killed in Ciudad Juárez since the beginning of the year.

Personas de las Diversidades Afectivo Sexuales, an LGBTQ rights group in Ciudad Juárez, and feminist organizations on Thursday organized a protest during which participants demanded local, state and federal authorities do more to end to violence against women in the city. The press release that announced the demonstration specifically cited Ramírez and Medina.

“We seek justice and clarification in the murder of Nohemí and Yulissa, a lesbian couple who was found in Juárez-Porvenir Highway,” it reads.

LGBTQ activists and feminist groups participate in a protest against femicides in Ciudad Juárez, Mexico, on Jan. 20, 2022. (Courtesy photo)
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