News
Will Utah same-sex marriages be deemed invalid?
Advocates urge state to honor weddings already held
Michael Ferguson and Seth Anderson were among the gay couples that married in Utah before the stay was put in place. (File photo courtesy Seth Anderson)
The U.S. Supreme Court’s decision to halt same-sex marriages in Utah is raising questions about whether gay marriages already conducted in the state will be considered valid.
Doug NeJaime, a law professor at University of California, Irvine, predicted the issue may lead to its own litigation outside of the pending lawsuit, Kitchen v. Herbert, that enabled the same-sex marriages in the first place.
“I’m guessing that question will spawn its own litigation,” NeJaime said. “Clearly, Utah does not want to recognize those couples as married.”
On Monday, the Supreme Court issued a stay on same-sex marriages in Utah in the wake of U.S. District Judge Robert Shelby’s decision on Dec. 20 instituting marriage equality in the state. State officials — Utah Gov. Gary Herbert and Attorney General Sean Reyes — last week requested a stay from the high court on the basis that the marriages were an “affront” to the democratic process.
Now that the stay is in place, the attorney general’s office itself has expressed uncertainty about whether the marriages performed in the state will be considered valid. In a statement, Reyes cited a lack of precedent on the issue.
“This is the uncertainty that we were trying to avoid by asking the District court for a stay immediately after its decision,” Reyes said. “It is very unfortunate that so many Utah citizens have been put into this legal limbo. Utah’s Office of Attorney General is carefully evaluating the legal status of the marriages that were performed since the District Court’s decision and will not rush to a decision that impacts Utah citizens so personally.”
Although Reyes maintains he won’t rush into a decision, pressure will be on the state to decide soon. Now that 2014 has begun, gay couples that recently married in Utah will be filing their taxes and will need to know whether they qualify as married or single.
One common prediction is the marriages will be deemed invalid similar to how the California Supreme Court invalidated the marriages then-San Francisco Mayor Gavin Newsom allowed with the state’s ban on same-sex marriage in place. But the situations are different. The marriages at that time were happening as a result of executive action, not a court order.
The American Civil Liberties Union, which was responsible for the lawsuit bringing down Section 3 of the Defense of Marriage Act, took to Twitter to encourage Utah to uphold the marriages as valid.
Though future marriages for gay couples are on hold in UT the state should consider those marriages that have already taken place as valid
— ACLU National (@ACLU) January 6, 2014
A possible scenario is that Utah itself won’t recognize the same-sex marriages performed in the state, but the federal government would deem those unions valid for federal benefits. Under that scenario, these couples would be considered married for tax purposes as well as for health and pension benefits if either person in the marriage works for the U.S. military or federal government.
A White House spokesperson deferred to the Justice Department on whether the federal government would recognize these marriages as valid. Dena Iverson, a Justice Department spokesperson, said, “We are reviewing the court’s decision.”
Shannon Minter, legal director for the National Center for Lesbian Rights, said it’s possible Utah may not recognize same-sex marriages pending appeal of the case, but maintained the federal government should accept the unions as legitimate.
“The federal government should recognize them for most purposes because federal recognition for almost all federal benefits hinges only on whether a marriage was valid when entered,” Minter said.
The final number of same-sex marriages performed in Utah before the Supreme Court put in place its stay isn’t yet known. According to a Dec. 27 report in the Associated Press, Utah issued 900 marriage licenses to gay couples in the week after a federal judge struck down the state’s ban on same-sex marriage.
Suzanne Goldberg, co-director for Columbia University’s Center for Gender & Sexuality Law, insisted that these marriages should be considered valid even with the stay in place.
“It is unlikely that the marriages already performed in Utah will be invalidated,” Goldberg said. “Those marriages were performed in accordance with Utah law and a later change in the law, if there is one, should not undo them.”
World Pride 2025
D.C. liquor board extends drinking hours for WorldPride
Gay bars, other liquor-serving establishments can stay open 24 hours
D.C.’s Alcoholic Beverage and Cannabis Board, which regulates liquor sales for the city’s bars, restaurants, nightclubs, and other establishments licensed to serve alcoholic beverages, has approved extended hours for alcohol service and sales during the days when most WorldPride events will be held in the nation’s capital.
In a May 2 announcement, the Alcoholic Beverage and Cannabis Administration, which works with the board, said the extended liquor serving and sales hours for WorldPride will take place beginning Friday, May 30, through 4 a.m. Monday, June 9.
Although the official schedule for WorldPride events shows the events will take place May 17-June 8, most of the large events, including a two-day Pride street festival, parade, and concert, were expected to take place between May 30 and June 8.
According to the ABCA announcement and an ABCA spokesperson, liquor servicing establishments with the appropriate license can stay open for 24 hours and serve alcoholic beverages from 6 a.m. through the day and evening until 4 a.m., with no liquor sales allowed from 4 a.m. to 6 a.m. during the May 30-June 9 period.
The ABCA announcement says liquor serving establishments must apply for the extended hours option and pay a $100 registration fee by a deadline on May 27.
Sources familiar with the liquor board have said the board has for many years approved the extension of liquor serving and sales hours for important events and for certain holidays such as New Year’s Eve.
At the time it approved the extended hours for WorldPride the liquor board also approved extended hours during the time when games for a World Cup soccer tournament will be held in the city on June 18, June 22, and June 26.
It couldn’t immediately be determined how many of D.C.’s 22 LGBTQ bars plan to apply for the extended drinking hours. David Perruzza, owner of the Adams Morgan gay bar Pitchers and its adjoining lesbian bar A League of Her Own, said he will apply for the 4 a.m. extended hours option but he does not intend to keep the two bars open for the full 23 hours.
Under the city’s current alcoholic beverage regulations, licensed liquor serving establishments may serve alcoholic beverages until 2 a.m. on weekdays and 3 a.m. on weekends.
The Vatican
Executive director of LGBTQ Catholic group to travel to Rome for conclave
Marianne Duddy-Burke met Pope Francis in 2023
The executive director of a group that represents LGBTQ Catholics will travel to Rome next week for the papal conclave that starts on May 7.
DignityUSA Executive Director Marianne Duddy-Burke on Thursday told the Washington Blade she will arrive in Rome on May 6. Duddy-Burke said she plans to spend time in St. Peter’s Square “and have conversations with people.”
“I will wear Dignity insignia, have rainbow flags,” she said.
Pope Francis died on April 21. His funeral took place five days later.
The Vatican’s tone on LGBTQ and intersex issues softened under the Argentine-born pope’s papacy, even though church teachings on homosexuality did not change.
Francis, among other things, described laws that criminalize consensual same-sex sexual relations as “unjust” and supported civil unions for gays and lesbians. Transgender people were among those who greeted Francis’s coffin at Rome’s St. Mary Major Basilica before his burial on April 26.
Duddy-Burke and two others from the Global Network of Rainbow Catholics met with Francis in October 2023 during a meeting that focused on the Catholic Church’s future. Duddy-Burke noted Francis “invited” her and her colleagues as his “special guests for the audience and then had a conversation with him afterwards.”
“For me the sort of visibility that he (Francis) brought to our community and to our concerns feels irreversible,” said Duddy-Burke. “He empowered so many people and so many new ministries.”
Cardinal Fridolin Ambongo Besungu — the archbishop of Kinshasa in Congo who has described homosexuality as an “abomination” — is among the cardinals who are reportedly in the running to succeed Francis.
“I really don’t know,” said Duddy-Burke when the Blade asked her who the next pope will be. “Of course, I am hoping and praying hard that it will be someone who will continue to lead the church on responsiveness of human need and greater inclusivity.”
“What happens in that room is such a mystery,” she added.
World Pride 2025
Episcopal bishop to speak at WorldPride human rights conference
Trump demanded apology from Mariann Edgar Budde over post-Inauguration sermon
The Right Rev. Mariann Edgar Budde is among those who are scheduled to speak at the WorldPride 2025 Human Rights Conference that will take place from June 4-6.
Budde, who is the bishop of the Diocese of Washington, in January urged President Donald Trump “to have mercy” on LGBTQ people, immigrants, and others “who are scared right now” during a post-Inauguration service that he and Vice President JD Vance attended at the Washington National Cathedral. Trump criticized Budde’s comments and demanded an apology.
The Right Rev. Mariann Edgar Budde speaks at the Washington National Cathedral on Jan. 21, 2025. (PBS NewsHour clip)
A press release the Washington Blade received notes Icelandic Industries Minister Hanna Katrín Friðriksson, UK Black Pride founder Phyll Opoku-Gyimah, and Bob the Drag Queen are among those who are also expected to participate in the conference.
The conference will take place at the JW Marriott (1331 Pennsylvania Ave., N.W.) and registration is open here.
PDAB: A mysterious acronym that could affect your health
I make more money than my partner and getting resentful
D.C. liquor board extends drinking hours for WorldPride
PHOTOS: Victory Fund National Champagne Brunch
Executive director of LGBTQ Catholic group to travel to Rome for conclave
TRAITOR: Treasury Secretary Scott Bessent has blood on his hands
Potential Pope Francis successor views homosexuality as an ‘abomination’
Jacob Elordi rides high in ‘On Swift Horses’
Liberal Party wins Canadian election
