News
Obama admin to recognize Utah same-sex marriages
Holder says unions ‘will be recognized as lawful and considered eligible for all relevant federal benefits’
U.S. Attorney General Eric Holder announced on Friday the federal government will recognize Utah same-sex marriages (Washington Blade file photo by Michael Key).
U.S. Attorney General Eric Holder announced on Friday that the federal government will recognize the same-sex marriages performed in Utah despite the state’s decision not to recognize them in the aftermath of a stay from the U.S. Supreme Court.
In a video announcement, Holder says the federal government will recognize the marriages of the more than 1,300 couples estimated to have wed in the state, even though Utah Gov. Gary Herbert indicated a letter to staff earlier this week the state won’t recognize the unions pending appeal.
“In the meantime, I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages,” Holder says. “These families should not be asked to endure uncertainty regarding their status as the litigation unfolds.”
In the coming weeks, Holder pledges to coordinate with other branches of the federal government to ensure federal benefits are flowing to same-sex couples who wed in Utah.
“In the days ahead, we will continue to coordinate across the federal government to ensure the timely provision of every federal benefit to which Utah couples and couples throughout the country are entitled – regardless of whether they in same-sex or opposite-sex marriages,” Holder says. “And we will continue to provide additional information as soon as it becomes available.”
Same-sex couples began marrying in Utah starting on Dec. 20 after a ruling from U.S. District Judge Robert Shelby striking down the state’s ban on same-sex marriages, known as Amendment 3. After unsuccessful attempts with the district court and the U.S. Tenth Circuit, Herbert and Attorney General Sean Reyes obtained a stay on the marriages from the U.S. Supreme Court on Monday.
The next day, Utah announced it wouldn’t recognize the same-sex marriages that were already performed in the state prior to the stay. However, there was still a question about whether the federal government would recognize the unions. In a letter to Holder on Thursday, Human Rights Campaign President Chad Griffin said there’s “no legal reason” why the marriages shouldn’t be recognized and Utah did so out of political reasons.
In a statement following the announcement, Griffin praised Holder for deciding the Utah same-sex marriages should be recognized.
“These 1,360 Utah couples are married, plain and simple, and they should be afforded every right and responsibility of marriage,” Griffin said. “Attorney General Eric Holder has once again shown the kind of leadership that earns you a spot in the history books. This is only the beginning of this fight, and this work continues until marriage equality returns to Utah for good, and full equality reaches every American in all 50 states.”
White House Press Secretary Jay Carney said during his routine news conference on Friday that President Obama “welcomes” the decision by the Justice Department.
“I can tell you the president welcomes the attorney general’s determination that the federal government, for purposes of federal law will recognize the same-sex marriages that were lawfully performed in Utah before a stay was issued,” Carney said.
Asked by the Blade about the extent to which Obama was involved in reaching the decision, Carney said he doesn’t believe the president spoke with Holder about the matter prior to the resolution.
“The president simply welcomes the decision,” Carney said. “This is action and determination taken by, and done by, the attorney general. The president obviously has expressed his views publicly about same-sex marriage, and the need for equal rights for all Americans, so I don’t know, but I don’t think they discussed this specific issue. This was a determination by the AG.”
But anti-gay advocates aren’t pleased the decision and are saying it’s an affront to Utah’s right to regulate marriage.
Tony Perkins, president of the Family Research Council, said the decision is “an effort to make law in the breach and shows contempt for the states, the federal courts, and Congress.”
“It only adds to the administrative chaos by flouting Utah’s marriage law and is in contrast to the U.S. Supreme Court’s cautious approach in granting a stay in the case,” Perkins said. “The Department of Justice’s announcement is doing the very thing which the Supreme Court condemned in the U.S. vs. Windsor decision — ‘creating two contradictory marriage regimes within the same State.'”
The Utah attorney general isn’t expressing any dissatisfaction with the decision from the federal government. Ryan Bruckman, a Reyes spokesperson, said the state has no objections.
“The statement put forth by Attorney General Eric Holder is consistent with previous statements from the Utah Attorney General’s Office.” Bruckman said.
The Obama administration is able to recognize the same-sex marriages in Utah in the aftermath of the U.S. Supreme Court’s decision in June striking down Section 3 of the Defense of Marriage Act. Since ruling against the law, which prohibited federal recognition of same-sex marriage, the Obama administration has been implementing federal benefits for same-sex unions.
Read Holder’s full remarks here:
Last June, the Supreme Court issued a landmark decision – in United States v. Windsor – holding that Americans in same-sex marriages are entitled to equal protection and equal treatment under the law. This ruling marked a historic step toward equality for all American families. And since the day it was handed down, the Department of Justice has been working tirelessly to implement it in both letter and spirit – moving to extend — federal benefits to married same-sex couples as swiftly and smoothly as possible.
Recently, an administrative step by the Court has cast doubt on same-sex marriages that have been performed in the state of Utah. And the governor has announced that the state will not recognize these marriages pending additional Court action.
In the meantime, I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages. These families should not be asked to endure uncertainty regarding their status as the litigation unfolds. In the days ahead, we will continue to coordinate across the federal government to ensure the timely provision of every federal benefit to which Utah couples and couples throughout the country are entitled – regardless of whether they in same-sex or opposite-sex marriages. And we will continue to provide additional information as soon as it becomes available.
Turkey
Dozens detained after Turkish authorities raid LGBTQ groups, businesses
Raids targeted gay bars, activists’ homes
Authorities in Turkey over the weekend detained dozens of people during raids they carried out against gay bars and LGBTQ activists’ homes across the country.
The BBC reported the raids were part of the government’s “My Family is Safe” campaign.
A statement from a group of Turkish advocacy groups the Washington Blade received on Sunday noted Justice Minister Akın Gürlek said the operation included “162 individuals, nine associations, and 13 businesses across 15 provinces.” Prosecutors in Istanbul, Ankara, Izmir, Aydın, and Mersin are coordinating the campaign.
Kaos GL, one of the country’s largest advocacy groups, was among the targets.
“The authorities have referred to allegations including ‘obscenity,’ ‘facilitating prostitution or providing premises for prostitution,’ exposure of children to allegedly obscene content, drug-related offenses, and other morality-related offenses,” reads the press release the Blade received. “Information from the field indicates that additional allegations, including forming a criminal organization, may appear in some investigation files.”
“The reported inclusion of the offense of “establishing an organization for the purpose of committing crimes” under Article 220 of the Turkish Criminal Code is particularly alarming and, if confirmed, would mark a significant escalation in the criminalization of LGBTI+ human rights activism,” it added. “While LGBTI+ activists and organizations have recently faced and continue to face investigations and prosecutions on grounds such as ‘obscenity’ and alleged violations of the Law on Associations, the use of an organized-crime allegation represents a qualitatively more serious threshold, both in terms of the gravity of the accusation and the potential penalties involved.”
Turkish authorities under President Recep Tayyip Erdoğan’s government over the last decade have cracked down on LGBTQ and intersex activists in the country.
Police in 2015 used tear gas and water cannons against people who were about to participate in an Istanbul Pride march. Authorities in 2017 arrested nearly two dozen people who defied a ban on Pride events in the city.
Police in Ankara, the Turkish capital, in 2019, arrested 18 students and an academic who participated in a Pride march at the Middle East Technical University. They faced up to three years in prison, but a court in 2021 acquitted them. Police in 2022 violently broke up a Pride parade at the same Ankara university.
Turkish authorities in July refused to allow a gay cruise ship — the Scarlet Lady, a Virgin Voyage vessel that Atlantis Events chartered — to dock in Kusadasi, a resort town on the Aegean Sea.
Kusadasi is in Aydın Province, one of the provinces in which authorities conducted the raids. Turkish officials also refused to allow the Scarlet Lady to dock in Istanbul.
A Turkish source on Sunday told the Blade the “My Family is Safe” operation began on the 46th anniversary of a military coup that toppled the country’s government in 1980.
“The fact that this operation began on the night of Sept. 12 — the 46th anniversary of the 1980 coup — is highly significant in terms of the foundations of the prohibitive and repressive mindset directed at the LGBTI+ community,” they said. “Moreover, many LGBTI+ organizations had been subject to official inspections last week.”
“Conducting this operation on a Saturday night shortly thereafter also serves the purpose of heightening fear and anxiety within the community,” added the source.
The source asked the Blade not to reveal their identity.
ILGA-Europe in a statement described the raids as “the systematic dismantling of LGBTI civil society.” Paris Mayor Emmanuel Grégoire is among the European officials who have publicly condemned them.
The Blade will update this story with additional details as they become available.
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Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.
Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.
Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”
Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.
Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University.
National
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Eligibility for same-sex partner survivors remains unclear
As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011.
Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed.
Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.
“Twenty-five years since that day, the September 11th Victim Compensation Fund has served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.
In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”
LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.
Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.
She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.
“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.
The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment.
A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.
In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.
“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.
She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.
“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”
The VCF website, which has additional detailed information, can be accessed at www.vcf.gov.
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