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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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District of Columbia

D.C. Latinx Pride celebrates culture and heritage

Your guide to events throughout June

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Members and supporters of the Latinx History Project march in the Capital Pride Parade. (Washington Blade photo by Michael Key)

Organizers with the Latinx History Project have planned a host of events this Pride season with parties, poetry, drag and more.

The festivities begin with the DC Latinx Pride 2026 Kickoff at Crush Dance Bar (2007 14th Street, N.W.) on Friday, June 12 from 6-10 p.m. The party will include a coronation ceremony for the 2026 Royal Court: Ms. DC Latinx Pride Vida Rangel and Mx. DC Latinx Pride Steph Niaupari. RSVP at latinxhistoryproject.org. The event is free, though donations are accepted.

An outdoor event is planned for Sunday, June 14 from 11 a.m.-1 p.m. at Anacostia River Park (1500 Anacostia Dr., S.E.). Cultivating Queer Outdoor Joy is a “peaceful outdoor community event focused on grounding, connection, and queer joy in nature.” The event is free.

A panel discussion is planned for The Festival Center (1640 Columbia Rd., N.W., 2nd floor) on Monday, June 15 from 6-8 p.m. La Plática: The Future of 2 Spirits and Trans Natives will focus upon the “stories, leadership and vision of Two-Spirit, Indigiqueer and Trans Native people.” RSVP to the free event at latinxhistoryproject.org.

A sex-positive poetry workshop, “Hoetry: Writing Erotic Poetry,” is planned for Wednesday, June 17 from 6-8 p.m. at The Festival Center (1640 Columbia Road, N.W.). The event is free.

The workshop So You Wanna Do Drag? is planned for Thursday, June 18 from 5:30-8 p.m. at The Festival Center (1640 Columbia Road, N.W.).  Featured guests Ricky Rose and Mari Con Carne will hold a style showcase to discuss the basics of developing a drag persona. RSVP to the free event at latinxhistoryproject.org.

The Latinx History Project is collaborating with Rumba Queer DC to produce an official Latinx Pride Party: Sin Vergüenza. The event is at the multi-level venue, Transmission (1353 H Street, N.E.) on Thursday, June 18 from 7 p.m.-1 a.m. There are dance lessons, vendors and three different music experiences in the sprawling venue. There will also be a drag showcase from 10-11 p.m. The event is 21+ and tickets are available at shotgun.live/en/events/sin-verguenza. Tickets are $15 for entry into the party. Tickets to participate in the dance lesson are $29.98. Participants may choose between a bachata lesson or a salsa lesson from 7-8 p.m.

La Fiesta: Official DC Latinx Pride Party is planned for Friday, June 19 from 10 p.m. – 2 a.m. at Bunker (2001 14th Street, N.W.). Serena Morena from “Drag Race México” and “Drag Race UK vs The World” is slated to headline the 21+ event. Early tickets are available for $15 (plus $0.38 service fee) until June 16. The door cover charge without early tickets is $20. Attendees can also purchase a meet and greet experience with Serena Morena for $30. Tickets are available at latinxhistoryproject.org.

The Latinx History Project plans to march in the Capital Pride Parade on Saturday, June 20 and to have a table at the Capital Pride Festival on Sunday, June 21. Visit latinxhistoryproject.org to register to march alongside LGP in the parade or to staff the table at the festival.

The DC Latinx Pride 2026 Closing Event is scheduled for Friday, June 26 from 6:30-8:30 p.m. at the Mexican Cultural Institute (2829 16th Street, N.W.). The free event is a panel discussion “centering the experiences of immigrants who have lived in Latin America and now call the United States home.”

Visit latinxhistoryproject.org for more information.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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National

Results from key Tuesday primary races

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Democratic State Sen. Scott Wiener (Photo courtesy of Scott Wiener)

State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election. 

The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump. 

In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.

In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.

In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.  

The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple. 

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