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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 requestĀ 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. Ā 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.ā€

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.ā€

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.

ā€œThe 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,ā€ Mejia said. ā€œThough 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.ā€

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.

ā€œThe 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,ā€ Brown said. ā€œShelby 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.ā€

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

ā€œThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā€ said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

ā€œBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā€

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District of Columbia

Gay Men’s Chorus of Washington to celebrate Spring Affair honorees

‘Their work inspires our music and deepens our mission’

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The Gay Men's Chorus of Washington performs 'Passports' at the Lincoln Theatre earlier this year. (Washington Blade photo by Michael Key)

For 44 years, the Gay Men’s Chorus of Washington (GMCW) has served as a powerful voice for love, unity, and pride among Washington’s LGBTQ community and its allies. Since its first performance in 1981—at the opening of the National Gay Task Force’s Washington office (later becoming the National LGBTQ Task Force)—GMCW has built a politically engaged and culturally significant legacy as one of the nation’s foremost LGBTQ performing arts organizations.

As its music and mission evolved, GMCW deepened its involvement in supporting LGBTQ individuals and allies alike. In 2004, the chorus launched its first Spring Affair fundraiser. This annual event not only generates financial support for the inclusive choral group, but also honors individuals and organizations in the Washington community who exemplify GMCW’s mission of unity, equity, and empowerment through music.

Each year at the Spring Affair gala, the chorus honors one community leader, one external organization, and one GMCW member. For the 2025 gala, GMCW will recognize Bishop Mariann Edgar Budde, Atlas Performing Arts Center, and GMCW member Keygan Miller.

ā€œThese honorees remind us why we sing,ā€ said Thea Kano, artistic director of the Gay Men’s Chorus of Washington, DC, in an email. ā€œIn moments when our community has needed strength, they’ve offered hope. Whether it’s a brave voice from the pulpit, a tireless advocate for our youth, or an organization that opens its doors to every story—each has chosen to lead with love, truth, and courage. Their work inspires our music and deepens our mission.ā€

GMCW will honor Bishop Mariann Edgar Budde, the first woman elected to lead the Episcopal Diocese of Washington, as its 2025 individual award recipient. A longtime champion of equity and inclusion, Bishop Budde gained national prominence during the Inaugural Prayer Service at Washington National Cathedral, where she spoke directly to newly sworn-in President Donald Trump.

ā€œHave mercy, Mr. President,ā€ she implored, lifting the hopes of the most vulnerable Americans targeted by Trump’s policies—particularly LGBTQ and immigrant communities. Her bold words signaled to the nation that she remains a genuine and outspoken voice for justice, unity, and truth, inspiring compassion and faith within and beyond her religious community.

GMCW will present the Harmony Award for an Organization to the Atlas Performing Arts Center, located in the historic H Street, N.E. corridor. In 2024 alone, Atlas hosted more than 400 events and provided $1.6 million in free and discounted tickets, arts education, community programming, and space use. Through this work, Atlas has amplified ā€œartistic voices that reflect the full diversity of our community.ā€

The center has long partnered with GMCW, offering space for open mic nights, cabarets, GenOUT Chorus events like the Youth Summit, and even memorial services such as that for Bobby T. Boaz. Atlas exemplifies GMCW’s mission of storytelling, equity, and civic connection through programs like the INTERSECTIONS Festival and City at Peace.

ā€œWe are absolutely thrilled and deeply honored that the Atlas Performing Arts Center has been named a recipient of the GMCW Harmony Award! This recognition is a powerful affirmation of our commitment to uplifting voices, fostering inclusive creative expression, and building a space where everyone feels seen, heard, and celebrated,ā€ said Jarrod Bennett, Executive Director of the Atlas Performing Arts Center.

ā€œAt the Atlas, our mission is rooted in the belief that the arts are for everyone—and that through performance, dialogue, and community, we can help shape a more just, compassionate world. To be acknowledged by the Gay Men’s Chorus of Washington, DC—an organization that has long stood at the forefront of championing equality and advancing the well-being of the LGBTQ+ community—is a profound and humbling honor. We continue to be inspired by GMCW’s work and are proud to stand alongside them in this shared vision. Thank you, GMCW, for this beautiful recognition. We carry it forward with gratitude and renewed energy for the work ahead.ā€

Finally, GMCW will honor Keygan Miller, a chorus member since 2017, for their leadership, advocacy, and commitment to equity both onstage and off. Within GMCW, Miller served as Vice President of Diversity and Inclusion, led conversations to expand trans inclusion, authored the ā€œDay Oneā€ pledge, and played a critical role in shaping inclusive programming.

Outside the chorus, Miller serves as Director of Public Training for The Trevor Project, a national nonprofit focused on crisis intervention and suicide prevention services for LGBTQ youth under 25. They previously worked as an Advocacy Manager at the Trevor Project, where they championed policies protecting LGBTQ+ youth at every level of government.

As GMCW continues its mission to uplift and unite through music, the organization encourages new voices to join its ranks. GMCW welcomes all singers—regardless of gender identity or sexual orientation—who can sing in the lower vocal registers.

The 2025 Spring Affair Gala will take place on May 17, 2025, at The Ritz-Carlton, Washington, D.C. This annual benefit supports GMCW’s artistic and educational programming. For tickets, audition information, and more, visit GMCW.org.

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Congress

Goodlander endorses Pappas’s Senate bid

Announcement puts gay congressman on the path to securing his party’s nomination

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U.S. Rep. Chris Pappas (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Rep. Maggie Goodlander (D-N.H.) on Thursday announced she will not run to represent her state in the U.S. Senate, endorsing gay U.S. Rep. Chris Pappas’s (D-N.H.) bid for the seat of retiring U.S. Sen. Jeanne Shaheen, putting him on the path to secure the Democratic nomination.

“We are in the fight of our lifetimes right now, of a moment of real crisis and challenge,” she said. “I feel humbled and grateful to so many people across our state who have encouraged me to take a look at the U.S. Senate, and after a lot of thought and conversations with people I love and people I respect and people who I had never met before, who I work for in this role right now, I’ve decided that I’m running for re election in the House of Representatives.”

When asked by a reporter from the ABC affiliate station in New Hampshire whether she would endorse Pappas, Goodlander said, “Yes. Chris Pappas has been amazing partner to me in this work and for many years. And I really admire him. I have a lot of confidence in him.”

She continued, “He and I come to this work, I think with a similar set of values, we also have really similar family stories. Our families both came to New Hampshire over 100 years ago from the very same part of northern Greece. And the values that he brings to this work are ones that that I really, really admire. So I’m proud to support him, and I’m really excited to be working with him right now because we’ve got a lot of work to do.”

“Maggie Goodlander has dedicated her career to service, and we can always count on her to stand up to powerful interests and put people first,” Pappas said in a post on X. “I’m so grateful to call her my friend and teammate, and I’m proud to support her re-election and stand with her in the fights ahead.”

Earlier this month, former New Hampshire Gov. Chris Sununu, a Republican, announced he would not enter the Senate race, strengthening the odds that Democrats will retain control of Shaheen’s seat.

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