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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 ā€” Herbert and Attorney General Sean Reyesā€” 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.

ā€œGovernor 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.ā€

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 inĀ UtahĀ 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 governorā€™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.

ā€œThese families should not be stuck in legal limbo while the Stateā€™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.ā€

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 ā€“ 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 Governorā€™s General Counsel. We also recognize that these changes affect real peopleā€™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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Congress

House moves to block gender-affirming care for children of service members

Rules Committee approved NDAA on Monday

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

House Republicans added a provision to the annual must-pass military spending bill, filed over the weekend, that would prohibit the children of U.S. service members from accessing gender-affirming healthcare interventions.

President Joe Biden has promised to veto legislation that discriminates against the trans community, and the likelihood that the bill would pass through the U.S. Senate is uncertain with Democrats controlling the upper chamber until the 119th Congress is convened on Jan. 3.

Nevertheless, the GOP’s National Defense Authorization Act was passed along party lines by the U.S. House Rules Committee on Monday night, and a floor vote could come as early as Tuesday.

During the hearing yesterday, the committee’s top Democrat, U.S. Rep. Adam Smith (Wash.) said the NDAA negotiated by the chairs and ranking members of the House and Senate Armed Services Committees did not include this provision barring gender-affirming care and it was House Speaker Mike Johnson (R-La.) who insisted that it be added after the fact.

Meanwhile, Senate Majority Leader Chuck Schumer (D-N.Y.) is urging House Republicans to attach the Antisemitism Awareness Act, which is aimed at college campuses, to the NDAA, but Johnson reportedly wants the Democratic leader to put the bill to a floor vote on its own ā€” a move that would inhibit his party’s ability to confirm as many judicial nominees as possible before control of the upper chamber changes hands.

Smith’s office published a statement objecting to the anti-transgender language added by the Republican leader:

ā€œFor the 64th consecutive year, House and Senate Armed Services Committee Democrats and Republicans worked across the aisle to craft a defense bill that invests in the greatest sources of Americaā€™s strength: Service members and their families, science and technology, modernization, and a commitment to allies and partners. Ā 

Rooted in the work of the bipartisan Quality of Life Panel, the bill delivers a 14.5 percent pay raise for junior enlisted service members and 4.5 percent pay raise for all other service members. It includes improvements for housing, health care, childcare, and spousal support.

House Armed Services Democrats were successful in blocking many harmful provisions that attacked DEI programs, the LGBTQ community, and womenā€™s access to reproductive health care. It also included provisions that required bipartisan compromise. And had it remained as such, it would easily pass both chambers in a bipartisan vote.

However, the final text includes a provision prohibiting medical treatment for military dependents under the age of 18 who are diagnosed with gender dysphoria. Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong. This provision injected a level of partisanship not traditionally seen in defense bills. Speaker Johnson is pandering to the most extreme elements of his party to ensure that he retains his speakership. In doing so, he has upended what had been a bipartisan process.

I urge the speaker to abandon this current effort and let the House bring forward a bill ā€” reflective of the traditional bipartisan process ā€” that supports our troops and their families, invests in innovation and modernization, and doesnā€™t attack the transgender community.ā€

Human Rights Campaign President Kelley Robinson also issued a statement, arguing that ā€œThis legislation has been hijacked by Speaker Mike Johnson and anti-LGBTQ+ lawmakers, who have chosen to put our national security and military readiness at risk for no other reason than to harm the transgender kids of military families.ā€

ā€œThe decisions that families and doctors make for the wellbeing of their transgender kids are important and complex, especially so for military families, and the last thing they need is politicians stepping in and taking away their right to make those decisions,” she said.

“When this comes up in the full House, lawmakers need to vote down this damaging and dehumanizing legislation,” Robinson added.

ā€œThis is a dangerous affront to the dignity and well-being of young people whose parents have dedicated their lives to this countryā€™s armed forces,ā€ saidĀ Mike Zamore, national director of policy and government affairs at the American Civil Liberties Union.

ā€œMedical care should stay between families and their doctors but this provision would baselessly and recklessly inject politics into the health care military families receive,” he said. “Nobody should have to choose between serving the country and ensuring their child has the health care they need to live and thrive. Members of Congress must vote against the defense bill because of the inclusion of this deeply harmful, unconstitutional provision.ā€

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District of Columbia

Dupontā€™s Soho Coffee and Tea closes

Neighborhood institution holds fond memories for many older gay residents

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Soho today, emptied of tables and artwork. (Photo courtesy Larry Ray)

Beloved Dupont Circle Soho Coffee and Tea has closed unexpectedly.

During the early evening of Nov. 25, Soho Coffee and Tea employees began taking down artwork and menus of the establishment. Within 12 hours, everything from the rolling counters to the patio furniture had disappeared. Today, only the yellow walls remain.

On May 30, 2018, Eduard Badalyan received his new business license: Group Soho and closed on the sale of Soho Tea and Coffee at 2150 P St., N.W., in Dupont Circle. Eduardā€™s sister Liana Badalyan became the manager. Conveniently, they lived in the neighborhood.

Eduard Badalyan was born in Yerevan, Armenia and earned his masterā€™s in Public Administration. Liana had experience in the service industry. She was front office manager for the Remington Hotel Marriot in Beverly Hills and Santa Monica, Calif.   

So the stage was set for a great neighborhood coffee and tea shop.

Owner Edward and manager Liana transformed it into a clean and organized establishment. But business gradually fell off and the rent continued to rise so Edward closed Soho unexpectedly.  

For many older gay residents, the closing brought back fond memories when Soho Coffee and Tea was the gay hub of West Dupont Circle. At that time, 22nd and P Streets, N.W., aka West Dupont Circle, was D.C.ā€™s gayborhood. Across the street from Soho was a section of Rock Creek Park known as P Street Beach, a large grassy area perfect for sunbathing. For many years starting in 1972, this was home for the unofficial Gay Pride celebration. In fact, for many years the Gay Pride Parade kicked off at 22nd and P streets.

Adjacent to the so-called P Street Beach was the Black Forest, a popular cruising area occasionally raided by the National Park Police. They chopped down many bushes and trees so their cruisers could drive directly onto P Street Beach.

Entrepreneurs and lesbians Helene Bloom and Fran Levine opened Soho in 1994. At that time, this was the center of many gay bars including the dance bar Badlands (1984-2002 which then became Apex) on 22nd Street; Fraternity House, which became Omega, was located down the Twining Alley (closed 2013); Friends Piano Bar on P Street then became gay Latino bar Escandalo; and finally Deco Cabana, as well as P Street Station (rebranded as The Fireplace) and Mr. Pā€™s. Each night when the bars closed, the patrons would flood to Soho for eggs, bacon, and coffee.

Helene and Fran had envisioned a New York City-style eclectic restaurant hangout. It became a spot for book clubs, art shows, political meetings and wine parties. 

Longtime Dupont Circle residents and Soho customers Gordon Binder and Michael Rawson lamented the loss of Soho.   

ā€œSoho was around the corner from where we live, we’ve been going to Soho several times a week since it opened in the ā€˜90s, 30 years enjoying the atmosphere, the patrons, the friendly albeit ever changing staff, the chicken salad sandwich, and so much more,ā€ Binder said. ā€œSad news indeed. We will surely miss this neighborhood hangout.ā€

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World

HRC Foundation awards grants to 18 LGBTQ groups around the world

Organizations to receive up to $5,000 through Global Small Grants program

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(Washington Blade photo by Michael Key)

The Human Rights Campaign Foundation on Tuesday announced it has awarded grants to 18 LGBTQ rights groups around the world.

A press release notes the groups will receive up to $5,000 through its Global Small Grants program. The recipients include:

ā€¢ LighT in Central Asia

ā€¢ MĆ”s Igualdad PerĆŗ

ā€¢ The Eastern Caribbean Alliance for Diversity and Equality

ā€¢ XY Spectrum in Serbia

ā€¢ Lesbian Intersex Trans and Other Extensions in Malawi

ā€¢ Right Side Human Rights Defender NGO in Armenia

ā€¢ The Blue Diamond Society in Nepal

ā€¢ The Barbados LGBTQ+ Coalition

ā€¢ Sin Etiquetas +593 in Ecuador

ā€¢ Icebreakers Uganda

ā€¢ Equal Ground in Sri Lanka

ā€¢ The Equal Asia Foundation in Thailand

ā€¢ The Taiwan Tongzhi (LGBTQ+) Hotline Association

ā€¢ Key Watch Ghana

ā€¢ South Trans Voice in Morocco

The press release notes this yearā€™s grant priorities included ā€œprojects centering LGBTQI+ people who are racial, religious or ethnic minorities, have a disability, communities disproportionately impacted by climate change, or who have experienced displacement.ā€ The HRC Foundation also ā€œsought to assist programs working to focus on increasing trans and/or intersex leadership or advocacy and those generally creating more inclusive access to services or other institutions of daily life, including engaging employers/businesses or faith institutions as allies for equality.ā€

Sean Sih-Cheng Du of the Taiwan Tongzhi (LGBTQ+ Hotline Association said the grant will allow his organization to expand its campaign that seeks to make ā€œworkplaces in Taiwan more diverse and inclusive.ā€

HRC launched the Global Small Grants Program in 2020.

Tuesdayā€™s announcement coincides with International Human Rights Day, which commemorates the U.N. General Assemblyā€™s ratification of the Universal Declaration of Human Rights on Dec. 10, 1948.

President-elect Donald Trumpā€™s election last month sparked concern among LGBTQ activists and advocacy groups in the U.S. and around the world. The incoming president has nominated U.S. Sen. Marco Rubio (R-Fla.) and U.S. Rep. Elise Stefanik (R-N.Y.) to serve as his administrationā€™s secretary of state and U.S. ambassador to the U.N. respectively.

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