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Utah places ‘on hold’ recognition of same-sex marriages

Letter to staff comes after Supreme Court issued a stay on gay nuptials

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Gary Herbert, Utah, Republican Party, gay news, Washington Blade
Gary Herbert, Utah, Republican Party, gay news, Washington Blade

Utah Gov. Gary Herbert has placed on hold recognition of same-sex marriages in Utah. (Photo public domain)

Utah Gov. Gary Herbert has placed on hold recognition of same-sex marriages in the state following a stay on gay nuptials put in place this week by the Supreme Court.

The governor’s chief of staff Derek Miller indicated recognition of same-sex marriages would be placed on hold in an email Tuesday to Cabinet members on Herbert’s staff.

“Based on counsel from the Attorney General’s Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice,” Miller writes.

On Monday, the Supreme Court placed a stay on marriage equality in Utah, which started occurring in the state on Dec. 20 after U.S. District Judge Robert Shelby ruled against Amendment 3, the state law prohibiting same-sex marriage. Utah state officials — Herbert and Attorney General Sean Reyes— requested the stay on gay nuptials pending the results of the litigation, which is currently before the U.S. Tenth Circuit Court of Appeals.

Although the letter doesn’t explicitly say for how long the hold recognition on same-sex marriages will last, the suggestion is that the state won’t recognize the marriages until the courts say otherwise. Nate McDonald, a Herbert spokesperson, said the hold on recognition of same-sex marriages will continue “until it goes through the legal process.”

Chad Griffin, president of the Human Rights Campaign, criticized Herbert for the decision, saying it “harms hundreds of Utah families” seeking legal protections.

“Governor Herbert has once again planted himself firmly on the side of discrimination by preserving the second-class status he believes gay and lesbian Utahans merit,” Griffin said. “These families deserve better and I have no doubt the courts will soon grant them the justice and equality that our Constitution demands.”

Elizabeth Cooper, a law professor at Fordham Law School, said Utah has taken a highly unusual step by not recognizing the same-sex marriages because a stay should only freeze more from occurring and not be retroactive.

“Although the state may believe it is stabilizing the situation, it, in fact, is adding more uncertainty to the situation,” Cooper said. “The issue of whether same-sex couples may marry in Utah ultimately will be answered by the courts, not by the state’s unilateral action. Had it wanted to legitimately roll back the clock, the state should have petitioned the courts with its request.”

One question that remains is whether the federal government will recognize the same-sex marriages if Utah won’t recognize them. On Wednesday, Dena Iverson, a Justice Department spokesperson, said, “The department is reviewing the governor’s decision.”

Adam Umhoefer, executive director of the American Foundation for Equal Rights, joined other LGBT advocates in calling for federal government to recognize the marriages.

“These families should not be stuck in legal limbo while the State’s appeal plays out,” Umhoefer said. “We call on the federal government to give them some measure of human dignity to which they are constitutionally entitled by recognizing their marriages under federal law.”

The complete email follows:

Dear Cabinet,

I’m sure you are all aware of the issuance of the stay regarding same-sex marriage in Utah from the United States Supreme Court yesterday. This stay effectively puts a hold on the decision of the district court, which found state laws prohibiting same-sex marriage in Utah to be unconstitutional.

After the district court decision was issued on Friday, December 20th, some same-sex couples availed themselves of the opportunity to marry and to the status granted by the state to married persons. This office sent an email to each of you soon after the district court decision, directing compliance.

With the district court injunction now stayed, the original laws governing marriage in Utah return to effect pending final resolution by the courts. It is important to understand that those laws include not only a prohibition of performing same-sex marriages but also recognizing same-sex marriages.

Based on counsel from the Attorney General’s Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice. Please understand this position is not intended to comment on the legal status of those same-sex marriages – that is for the courts to decide. The intent of this communication is to direct state agency compliance with current laws that prohibit the state from recognizing same-sex marriages.

Wherever individuals are in the process of availing themselves of state services related to same-sex marital status, that process is on hold and will stay exactly in that position until a final court decision is issued. For example, if a same-sex married couple previously changed their names on new drivers licenses, those licenses should not be revoked. If a same-sex couple seeks to change their names on drivers licenses now, the law does not allow the state agency to recognize the marriage therefore the new drivers licenses cannot be issued.

We appreciate your patience and diligence in this matter. We recognize that different state agencies have specific questions and circumstances that will need to be worked through. Please do so with the Assistant Attorney General assigned to your respective agency in coordination with the Governor’s General Counsel. We also recognize that these changes affect real people’s lives. Let us carefully and considerately ensure that we, and our employees throughout the state, continue to treat all people with respect and understanding as we assist them.

Regards,

Derek B. Miller
Chief of Staff
Governor’s Office
State of Utah

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The White House

Expanded global gag rule to ban US foreign aid to groups that promote ‘gender ideology’

Activists, officials say new regulation will limit access to gender-affirming care

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President Donald Trump speaks at the 2025 U.N. General Assembly. The Trump-Vance administration has expanded the global gag rule to ban U.S. foreign aid to groups that promote "gender ideology." (Screenshot via YouTube)

The Trump-Vance administration has announced it will expand the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.”

Deputy Secretary of State Christopher Landau in a memo, titled Combating Gender Ideology in Foreign Assistance, the Federal Register published on Jan. 27 notes  “previous administrations … used” U.S. foreign assistance “to fund the denial of the biological reality of sex, promoting a radical ideology that permits men to self-identify as women, indoctrinate children with radical gender ideology, and allow men to gain access to intimate single-sex spaces and activities designed for women.”

“Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being. It also threatens the wellbeing of children by encouraging them to undergo life-altering surgical and chemical interventions that carry serious risks of lifelong harms like infertility,” reads the memo. “The erasure of sex in language and policy has a corrosive impact not just on women and children but, as an attack on truth and human nature, it harms every nation. It is the purpose of this rule to prohibit the use of foreign assistance to support radical gender ideology, including by ending support for international organizations and multilateral organizations that pressure nations to embrace radical gender ideology, or otherwise promote gender ideology.”

President Donald Trump on Jan. 28, 2025, issued an executive order — Protecting Children from Chemical and Surgical Mutilation — that banned federal funding for gender-affirming care for minors.

President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.

Trump reinstated the rule during his first administration. The White House this week expanded the ban to include groups that support gender-affirming care and diversity, equity, and inclusion programs.

The expanded global gag rule will take effect on Feb. 26.

“None of the funds made available by this act or any other Act may be made available in contravention of Executive Order 14187, relating to Protecting Children From Chemical and Surgical Mutilation, or shall be used or transferred to another federal agency, board, or commission to fund any domestic or international non-governmental organization or any other program, organization, or association coordinated or operated by such non-governmental organization that either offers counseling regarding sex change surgeries, promotes sex change surgeries for any reason as an option, conducts or subsidizes sex change surgeries, promotes the use of medications or other substances to halt the onset of puberty or sexual development of minors, or otherwise promotes transgenderism,” wrote Landau in his memo.

Landau wrote the State Department “does not believe taxpayer dollars should support sex-rejecting procedures, directly or indirectly for individuals of any age.”

“A person’s body (including its organs, organ systems, and processes natural to human development like puberty) are either healthy or unhealthy based on whether they are operating according to their biological functions,” reads his memo. “Organs or organ systems do not become unhealthy simply because the individual may experience psychological distress relating to his or her sexed body. For this reason, removing a patient’s breasts as a treatment for breast cancer is fundamentally different from performing the same procedure solely to alleviate mental distress arising from gender dysphoria. The former procedure aims to restore bodily health and to remove cancerous tissue. In contrast, removing healthy breasts or interrupting normally occurring puberty to ‘affirm’ one’s ‘gender identity’ involves the intentional destruction of healthy biological functions.”

Landau added there “is also lack of clarity about what sex-rejecting procedures’ fundamental aims are, unlike the broad consensus about the purpose of medical treatments for conditions like appendicitis, diabetes, or severe depression.”

“These procedures lack strong evidentiary foundations, and our understanding of long-term health impacts is limited and needs to be better understood,” he wrote. “Imposing restrictions, as this rule proposes, on sex-rejecting procedures for individuals of any age is necessary for the (State) Department to protect taxpayer dollars from abuse in support of radical ideological aims.”

Landau added the State Department “has determined that applying this rule to non-military foreign assistance broadly is necessary to ensure that its foreign assistance programs do not support foreign NGOs and IOs (international organizations) that promote gender ideology, and U.S. NGOs that provide sex-rejecting procedures, and to ensure the integrity of programs such as humanitarian assistance, gender-related programs, and more, do not promote gender ideology.”

“This rule will also allow for more foreign assistance funds to support organizations that promote biological truth in their foreign assistance programs and help the (State) Department to establish new partnerships,” he wrote.

The full memo can be found here.

Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday said the expansion of the so-called global gag rule will “absolutely impact HIV services where we know we need to target services, to that there are non-stigmatizing, safe spaces for people to talk through all of their medical needs, and being trans is really important to be able to disclose to your health care provider so that you can get ARVs, so you can get PrEP in the right ways.” Roose-Snyder added the expanded ban will also impact access to gender-affirming health care, food assistance programs and humanitarian aid around the world.

“This rule is not about gender-affirming care at all,” she said during a virtual press conference the Universal Access Project organized.

“It is about really saying that if you want to take U.S. funds —   and it’s certainly not about gender-affirming care for children — it is if you want to take U.S. funds, you cannot have programs or materials or offer counseling or referrals to people who may be struggling with their gender identity,” added Roose-Snyder. “You cannot advocate to maintain your country’s own nondiscrimination laws around gender identity. It is the first place that we’ve ever seen the U.S. government define gender-affirming care, except they call it something a lot different than that.”

The Congressional Equality Caucus, the Democratic Women’s Caucus, the Congressional Hispanic Caucus, the Congressional Asian and Pacific American Caucus, and the Congressional Black Caucus also condemned the global gag rule’s expansion.

“We strongly condemn this weaponization of U.S. foreign assistance to undermine human rights and global health,” said the caucuses in a statement. “We will not rest until we ensure that our foreign aid dollars can never be used as a weapon against women, people of color, or LGBTQI+ people ever again.”

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Iran

Two gay men face deportation to Iran

Homosexuality remains punishable by death in country

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(Image by Micha Klootwijk/Bigstock)

Advocacy groups are demanding the Trump-Vance administration not to deport two gay men to Iran.

MS Now on Jan. 23 reported the two men are among the 40 Iranian nationals who the White House plans to deport.

Iran is among the countries in which consensual same-sex sexual relations remain punishable by death.

The Washington Blade earlier this month reported LGBTQ Iranians have joined anti-government protests that broke out across the country on Dec. 28. Human rights groups say the Iranian government has killed thousands of people since the demonstrations began.

Rebekah Wolf of the American Immigration Council, which represents the two men, told MS Now her clients were scheduled to be on a deportation flight on Jan. 25. A Human Rights Campaign spokesperson on Tuesday told the Blade that one of the men “was able to obtain a temporary stay of removal from the” 10th U.S. Circuit Court of Appeals, and the other “is facing delayed deportation as the result of a measles outbreak at the facility where they’re being held.”

“My (organization, the American Immigration Council) represents those two gay men,” said American Immigration Council Senior Fellow Aaron Reichlin-Melnick in a Jan. 23 post on his Bluesky account. “They had been arrested on charges of sodomy by Iranian moral police, and fled the country seeking asylum. They face the death penalty if returned, yet the Trump (administration) denied their asylum claims in a kangaroo court process.”

“They are terrified,” added Reichlin-Melnick.

My org @immcouncil.org represents those two gay men. They had been arrested on charges of sodomy by Iranian moral police, and fled the country seeking asylum. They face the death penalty if returned, yet the Trump admin denied their asylum claims in a kangaroo court process.

They are terrified.

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— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) January 23, 2026 at 8:26 AM

Reichlin-Melnick in a second Bluesky post said “deporting people to Iran right now, as body bags line the street, is an immoral, inhumane, and unjust act.”

“That ICE is still considering carrying out the flight this weekend is a sign of an agency and an administration totally divorced from basic human rights,” he added.

Deporting people to Iran right now, as body bags line the street, is an immoral, inhumane, and unjust act. That ICE is still considering carrying out the flight this weekend is a sign of an agency and an administration totally divorced from basic human rights. www.ms.now/news/trump-d…

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— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) January 23, 2026 at 8:27 AM

HRC Vice President of Government Affairs David Stacy in a statement to the Blade noted Iran “is one of 12 nations that still execute queer people, and we continue to fear for their safety.” Stacy also referenced Renee Good, a 37-year-old lesbian woman who a U.S. Immigration and Customs Enforcement agent shot and killed in Minneapolis on Jan. 7, and Andry Hernández Romero, a gay Venezuelan asylum seeker who the Trump-Vance administration “forcibly disappeared” to El Salvador last year.

“This out-of-control administration continues to target immigrants and terrorize our communities,” said Stacy. “That same cruelty murdered Renee Nicole Good and imprisoned Andry Hernández Romero. We stand with the American Immigration Council and demand that these men receive the due process they deserve. Congress must refuse to fund this outrage and stand against the administration’s shameless dismissal of our constitutional rights.” 

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Maryland

Expanded PrEP access among FreeState Justice’s 2026 legislative priorities

Maryland General Assembly opened on Jan. 14

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Maryland State House (Washington Blade photo by Michael Key)

FreeState Justice this week spoke with the Washington Blade about their priorities during this year’s legislative session in Annapolis that began on Jan. 14.

Ronnie L. Taylor, the group’s community director, on Wednesday said the organization continues to fight against discrimination against people with HIV/AIDS. FreeState Justice is specifically championing a bill in the General Assembly that would expand access to PrEP in Maryland.

Taylor said FreeState Justice is working with state Del. Ashanti Martinez (D-Prince George’s County) and state Sen. Clarence Lam (D-Arundel and Howard Counties) on a bill that would expand the “scope of practice for pharmacists in Maryland to distribute PrEP.” The measure does not have a title or a number, but FreeState Justice expects it will have both in the coming weeks.

FreeState Justice has long been involved in the fight to end the criminalization of HIV in the state. 

Governor Wes Moore last year signed House Bill 39, which decriminalized HIV in Maryland.

The bill — the Carlton R. Smith Jr. HIV Modernization Act — is named after Carlton Smith, a long-time LGBTQ activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in 2024. FreeState Justice said Marylanders prosecuted under Maryland Health-General Code § 18-601.1 have already seen their convictions expunged.

Taylor said FreeState Justice will continue to “oppose anti anti-LGBTQ legislation” in the General Assembly. Their website later this week will publish a bill tracker.

The General Assembly’s legislative session is expected to end on April 13.

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