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Gay couples sue Utah to recognize their marriages

ACLU files lawsuit on behalf of four couples who wed

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Tony Milner, Matt Barazza, ACLU, gay news, Washington Blade
Elenor Heyborne, Marina Gomberg, Matt Barazza, Tony Milner, ACLU, American Civil Liberties Union, gay news, Washington Blade

Elenor Heyborne (on left) and Marina Gomberg; Matt Barazza, Tony Milner (left) and Jesse (center) are suing Utah to recognize their marriages. (Photos courtesy of the American Civil Liberties Union)

For Matt Barazza, government recognition of his marriage in Utah is important not only to him and his spouse, Tony Milner, but also to the four-year-old child whom they’ve raised since his birth.

After marrying in their home state of Utah on Dec. 20 — the first day same-sex marriage came to Utah — the couple submitted paperwork for a second-parent adoption of the child, Jesse, and received a hearing date of Jan. 10. But plans changed after Gov. Gary Herbert announced the state wouldn’t recognize Utah same-sex marriages in the wake of a stay on the weddings from the U.S. Supreme Court.

As a consequence, the judge presiding over the request for second-parent adoption pushed back the hearing to Jan. 31, and Barazza and Milner elected to join a proposed lawsuit by the American Civil Liberties Union to ensure Utah would recognize the more than 1,300 gay weddings performed in the state.

“That’s the primary reason for us filing the lawsuit at this point was to have the Utah courts make a decision and recognize that our marriage is legal, so that we can go forward with the second-parent adoption and try and get the protections that we can for our son,” Barazza told the Washington Blade on Monday.

While Barazza, 38, an attorney, and Milner, 33, a director of a non-profit that serves homeless families, are both raising Jesse in Salt Lake City, only Barazza is recognized as the adoptive parent because under Utah law, only one of the two was able to adopt the child. The couple also legally married in D.C. in 2010, but elected to do so again when same-sex marriage came to Utah so they could wed in their home state.

But with their marriage no longer recognized by Utah, Barazza said he lives in constant fear of what might happen because of the lack of legal recognition between his partner and their son.

“You fear the worst case scenario always,” Barazza said. “As the one who’s the legal parent, if anything were to happen to me, it would leave [Jesse] basically an orphan as far as the law is concerned…All that would be in spite of my husband Tony being there from Day One and being just as much a parent as I am.”

On Dec. 20, U.S. District Judge Robert Shelby ruled that Amendment 3, Utah’s ban on same-sex marriage, was unconstitutional as a result of a federal lawsuit seeking marriage equality, allowing gay couples to wed in the state immediately. But upon the request from the state, the U.S. Supreme Court placed a stay on the weddings on Jan. 9 pending appeal of the lawsuit. The next day, Herbert said the state wouldn’t recognize the same-sex marriages of couples that married in Utah before the stay was in place.

Although U.S. Attorney General Eric Holder would later announce the marriages would be recognized for federal purposes, as it stands now the couples will have to wait for the outcome of the federal lawsuit — which could take years — to find out whether the state will recognize their marriage.

Barazza and Milner are one of four couples seeking recognition of their marriage from Utah after having wed in the 18 days when same-sex marriages were legal there. The lawsuit was filed Tuesday in state court by the American Civil Liberties Union, the ACLU of Utah and the Salt Lake City-based firm Strindberg & Scholnick, LLC.

The 32-page complaint alleges Herbert’s decision not to recognize the marriages violates both the due process clause under Utah’s  constitution and the Fourteenth Amendment to the U.S. Constitution. Additionally, it seeks relief under declaratory judgment and Rule 65B, which allows individuals in Utah to seek extraordinary relief against wrongful use of public authority.

“By placing recognition of their marriages ‘on hold,’ the State of Utah has placed the legal status of plaintiffs’ families, including their children, in legal limbo and created uncertainty as to their rights and status in virtually all areas of their lives,” the complaint states.

Joshua Block, a staff attorney with the ACLU’s LGBT project, said the goal of the lawsuit is to achieve a result similar to what the California Supreme Court decided after state voters in 2008 approved Proposition 8.

“What happened in Prop 8 is they said if you got married before the amendment went into effect, the marriages are valid and continue to be recognized in California, but no new marriages could happen,” Block said.

In addition to Barazza and Milner, the other plaintiff couples in the lawsuit are Marine Gomberg and Elenor Heyborne of Salt Lake City; JoNell Evans and Stacia Ireland of West Valley, Utah; and Donald Johnson and Fritz Schultz of Sandy, Utah.

After being together for nine years, Gomberg, 29, told the Blade she and Heyborne, 28, wanted to wed immediately on Dec. 20 upon learning that a court has instituted marriage equality in Utah. The couple held a commitment ceremony in 2009, but weren’t legally married until last month.

“There was a huge sense of immediacy because this was something we waited so long for, and we didn’t know how long the window would be,” Gomberg said.

Soon after, Heyborne, a state employee who works in communications, learned that Utah would no longer recognize their union and she sent a text message to Gomberg, who also works in communications, to inform her of the news.

“Obviously, this put all our hopes and dreams to have a kid on hold because the state of Utah doesn’t recognize same-sex adoption, so we would have to go out of state, establish residency somewhere, and then come back here,” Heyborne said. “When we got married, we kind of thought that that was a hoop we would not have to jump through now that we were legally married.”

Marty Carpenter, a Herbert spokesperson, said the governor is standing by his decision not to recognize the same-sex marriages performed in Utah.

“Gov. Herbert has said throughout this process that his responsibility is to follow the law,” Carpenter said. “That is exactly what the administration is doing and we respect the rights of those who disagree to take their grievances before a judge.”

Although state officials announced they’re not recognizing the marriage, the Utah Tax Commission issued guidance last week saying that same-sex couples married in 2013 can be recognized as such for tax purposes for that year if they filed federal returns as married.

Block said the new lawsuit is completely independent of the existing marriage equality lawsuit, known as Kitchen v. Herbert, which brought the same-sex marriages to the state and is pending before the U.S. Tenth Circuit Court of Appeals.

In the event that court or the U.S. Supreme Court rules that state bans on same-sex marriages like Amendment 3 are constitutional, Block said the outcome wouldn’t affect gay couples married in Utah if the new lawsuit succeeds because “they had vested rights that  can’t be taken away just like if Prop 8 had been upheld as constitutional.”

“But then, even if Kitchen is affirmed on appeal,” Block added, “and the marriage amendments need to stop being enforced again, that doesn’t really solve the problem of legal implications of what happens over the course of people’s lives of the course of this year and next year until the Kitchen litigation comes to an end.”

Block was unable to predict the length of time it would take for the new lawsuit to be resolved, but noted the case was filed before state district court and said he expected requests soon for summary judgment before the Utah Supreme Court.

Each of the plaintiff couples that spoke to the Blade was optimistic about the lawsuit moving forward. Barazza said he’s “really confident” the lawsuit will succeed based on growing public support for marriage equality.

“Public opinion is going in that direction, and I think the courts are recognizing that,” Barazza said. “Also, just with the fundamental fairness and equality as being recognized under the Constitution, I think that is where the country’s headed.”

Block was also optimistic because he said Utah has “a long history” of protecting vested rights under its constitution, such as when the court rebuffed the state legislature’s attempt to change a person’s right to sue under tort law.

“That’s very similar to your legal obligations and rights that come with a marriage license and recognition,” Block said. “Once you got married, you accrued vested rights and all the legal implications of that marriage. And under those principles, I think this right is more important than all the other vested rights that have been protected.”

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World

Top 10 international LGBTQ news stories of 2025

Marriage progress in Europe; trans travel advisories depress WorldPride attendance

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Canadian and European LGBTQ groups issued travel advisories warning trans and nonbinary people not to attend WorldPride in D.C. (Blade photo by Michael Key)

The Trump-Vance administration and its policies had a significant impact on the global LGBTQ rights movement in 2025. War, anti-LGBTQ crackdowns, protests, and legal advances are among the other issues that made headlines around the world over the past year.

Here are the top international stories of 2025.

10. Australia ends ban on LGBTQ blood donors

Australia on July 14 ended its ban on sexually active LGBTQ people from donating blood.

“Lifeblood (the Australian Red Cross Blood Service) has been working to make blood and plasma donation more inclusive and accessible to as many people as possible, whilst maintaining the safety of the blood supply,” said the Australian Red Cross Blood Service in a press release that announced the new policy.

Lifeblood Chief Medical Officer Jo Pink said the new policy will allow 24,000 additional people to donate blood each year.

9. Kenyan judge rules gov’t must legally recognize trans people

A Kenyan judge on Aug. 20 ruled his country’s government must legally recognize transgender people and ensure their constitutional rights are protected.

Justice Reuben Nyakundi of the Eldoret High Court in western Kenya ruled in favor of a trans athlete who was arrested in 2019 and forced to undergo a medical examination to determine her gender. The 34-year-old plaintiff who is a board member of Jinsiangu, a trans rights organization, said authorities arrested her at a health facility after they claimed she impersonated a woman.

“This is the first time a Kenyan court has explicitly ordered the state to create legislation on transgender rights, and a first in the African continent,” noted Jinsiangu in a statement. “If implemented, it could address decades of legal invisibility and discrimination faced by transgender persons by establishing clear legal recognition of gender identity, protection against discrimination in employment, housing, healthcare, and education, and access to public services without bias or harassment.”

8. U.S. withdraws from UN LGBTI Core Group

The U.S. in 2025 withdrew from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights.

A source told the Washington Blade the U.S. withdrew from the Core Group on Feb. 14. A State Department spokesperson later confirmed the withdrawal.

“In line with the president’s recent executive orders, we have withdrawn from the U.N. LGBTI Core Group,” said the spokesperson.

7. Wars in Gaza, Ukraine continue to make headlines

Israeli airstrikes against Iran prompted authorities in Tel Aviv to cancel the city’s annual Pride parade that was scheduled to take place on June 13.

The airstrikes prompted Iran to attack Israel with drones and missiles. One of them destroyed Mash Central, a gay bar that was located a few blocks from the U.S. Embassy in Tel Aviv. Marty Rouse, a longtime activist who lives in Maryland, was in Israel with the Jewish Federations of North America when the war began. He and his group left the country on June 15.

Bet Mishpachah, an LGBTQ synagogue in D.C., welcomed the tenuous ceasefire between Israel and Hamas that took effect on Oct. 10, roughly two years after Hamas militants killed upwards of 1,200 people and kidnapped more than 200 others when they launched a surprise attack on the country. 

In Ukraine, meanwhile, the war that Russia launched in 2022 drags on.

6. Int’l Criminal Court issues arrest warrants for Taliban leaders

The International Criminal Court on July 8 issued arrest warrants for two top Taliban officials accused of targeting LGBTQ people, women, and others who defy the group’s strict gender norms.

The warrants are for Hibatullah Akhundzada, the Taliban’s supreme leader, and Afghanistan Chief Justice Abdul Hakim Haqqani.

Karim Khan, the ICC’s chief prosecutor, in January announced a request for warrants against Taliban officials over their treatment of women and other groups since they regained control of Afghanistan in 2021. The request marked the first time the court specifically named LGBTQ people as victims in a gender persecution case before it.

5. Hundreds of thousands defy Budapest Pride ban

More than 100,000 people on June 28 defied the Hungarian government’s ban on public LGBTQ events and participated in the 30th annual Budapest Pride parade.

Former Irish Prime Minister Leo Varadkar, who is his country’s first openly gay head of government, and openly gay MEP Krzysztof Śmiszek, who was previously Poland’s deputy justice minister, are among those who participated in the march. 

Hungarian Prime Minister Viktor Orbán and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

Hungarian lawmakers in March passed a bill that bans Pride events and allow authorities to use facial recognition technology to identify those who participate in them. MPs in April amended the Hungarian constitution to ban public LGBTQ events.

4. LGBTQ delegation travels to Vatican to meet Pope Leo after Francis dies

Pope Francis died on April 21.

The Vatican’s tone on LGBTQ and intersex issues softened under the Argentine-born pope’s papacy, even though church teachings on homosexuality and gender identity did not change.

The College of Cardinals on May 8 chose Pope Leo XVI, an American cardinal from Chicago who was bishop of the Diocese of Chiclayo in Peru from 2015-2023, to succeed Francis.

Leo on Sept. 1 met with the Rev. James Martin, a Jesuit priest who founded Outreach, a ministry for LGBTQ Catholics. A gay couple from D.C. — Jim Sweeney and the Rev. Jason Carson Wilson — are among those who took part in an LGBTQ pilgrimage to the Vatican a few days later that coincided with the church’s year-long Jubilee that began last Christmas Eve when Francis opened the Holy Door.

3. EU’s top court rules states must recognize same-sex marriages 

The European Union’s top court on Nov. 25 ruled member states must recognize same-sex marriages legally performed in other member states.

The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.

The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.  

“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group.

2. U.S. funding cuts devastate global LGBTQ community

The Trump-Vance administration’s decision to cut U.S. foreign aid spending in 2025 has had a devastating impact on the global LGBTQ rights movement.

Council for Global Equality Chair Mark Bromley noted to the Blade the U.S. historically funded roughly a third of the global LGBTQ rights movement. 

Groups around the world — including those that worked with people with HIV/AIDS — that received U.S. funding had to curtail programming or close altogether. LGBTQ+ Victory Institute President Elliot Imse earlier this year noted the global LGBTQ rights movement in 2025 was set to lose more than $50 million.

“It is a catastrophe,” he said.

1. Countries boycott WorldPride amid travel advisories

Canada and a number of European countries in 2025 issued travel advisories for trans and nonbinary people who planned to visit the U.S.

The advisory the Danish government issued notes President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers. It also notes “two gender designations to choose from: male or female” when applying for an ESTA (Electronic System for Travel Authorization) or visa for the U.S.

Egale Canada, one of Canada’s largest LGBTQ advocacy organizations, in February announced its members would not attend WorldPride, which took place in D.C. from May 17-June 8, or other events in the U.S. because of the Trump-Vance administration’s policies. Other advocacy groups and activists also did not travel to the U.S. for WorldPride.

InterPride, which coordinates WorldPride, also issued its own travel advisory for trans and nonbinary people.

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National

Top 10 LGBTQ national news stories of 2025

Trump, Supreme Court mount cruel attacks against trans community

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(Washington Blade photos by Michael Key)

President Trump’s anti-LGBTQ agenda dominated national news in 2025, particularly his cruel attacks on trans Americans. Here are our picks for the top 10 LGBTQ news stories the Blade covered in 2025.

10. Trump grants clemency to George Santos

George Santos (Washington Blade photo by Michael Key)

President Donald Trump granted clemency to disgraced former Long Island Rep. George Santos. Santos was sentenced to 87 months in federal prison after pleading guilty to wire fraud and aggravated identity theft and had served just 84 days of his more than seven-year sentence. He lied to both the DOJ and the House Ethics Committee, including about his work and education history, and committed campaign finance fraud.

9. U.S. Olympics bans trans women athletes  

The United States Supreme Court decided in 2025 to take up two cases — Little v. Hecox and West Virginia v. B.P.J.— both of which concern the rights of transgender athletes to participate on sports teams. The cases challenge state laws under the Equal Protection Clause of the 14th Amendment, which prevents states from offering separate boys’ and girls’ sports teams based on biological sex determined at birth. Both cases are set to be heard in January 2026. The developments follow a decision by the United States Olympic & Paralympic Committee to change eligibility rules to prohibit transgender women from competing in women’s sporting events on behalf of the United States, following Trump’s Executive Order 14201, “Keeping Men Out of Women’s Sports.”

8. FDA approves new twice-yearly HIV prevention drug

The U.S. Food and Drug Administration on June 18 approved a newly developed HIV/AIDS prevention drug that needs to be taken only twice a year, with one injection every six months. The new drug, lenacapavir, is being sold under the brand name Yeztugo by pharmaceutical company Gilead Sciences. According to trial data, 99.9 percent of participants who received Yeztugo remained HIV negative. This emerging technology comes amid direct cuts to HIV/AIDS research measures by the Trump–Vance administration, particularly targeting international HIV efforts such as PEPFAR. 

7. LGBTQ people erasedfrom gov’t reports

Politico reported in March that the Trump–Vance administration is slashing the State Department’s annual human rights report, cutting sections related to the rights of women, people with disabilities, the LGBTQ+ community, and more. Members of Congress objected to the removal of the subsection on “Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics (SOGIESC)” from the State Department’s Annual Country Reports on Human Rights Practices.

In a Sept. 9 letter to Secretary of State Marco Rubio, U.S. Reps. Robert Garcia (D-Calif.), Julie Johnson (D-Texas), and Sarah McBride (D-Del.) urged the department to restore the information or ensure it is integrated throughout each report, noting that the reports serve as key evidence for asylum seekers, attorneys, judges, and advocates assessing human rights conditions and protection claims worldwide.

6. Trump admin redefines ‘sex’ in all HHS programs

President Trump took office in January and immediately unleashed a torrent of attacks on trans Americans. (Blade photo by Michael Key)

The Trump administration canceled more than $800 million in research into the health of sexual and gender minority groups. More than half of the National Institutes of Health grants scrapped through early May involved studies of cancers and viruses that disproportionately affect LGBTQ people.

The administration is also pushing to end gender-affirming care for transgender youth, according to a new proposal from the Department of Health and Human Services, NPR reported. The administration is considering blocking all Medicaid and Medicare funding for services at hospitals that provide pediatric gender-affirming care. “These rules would be a significant escalation in the Trump administration’s attack on access to transgender health care,” said Katie Keith, director of the Center for Health Policy and Law at Georgetown University.

5. FBI plans to label trans people as violent extremists

The Human Rights Campaign, Transgender Law Center, Equality Federation, GLAAD, PFLAG, and the Southern Poverty Law Center condemned reports that the FBI, in coordination with the Heritage Foundation, may be working to designate transgender people as “violent extremists.” The concerns followed a report earlier this month by independent journalist Ken Klippenstein, who cited two anonymous national security officials saying the FBI is considering treating transgender subjects as a subset of a new threat category.

That classification—originally created under the Biden administration as “Anti-Authority and Anti-Government Violent Extremists” (AGAAVE) — was first applied to Jan. 6 rioters and other right-wing extremists. Advocates said the proposal appears to stem from the false claim that the assassination of Charlie Kirk was committed by a transgender person.

4. Pentagon targets LGBTQ service members

Defense Secretary Pete Hegseth undertook a series of actions targeting LGBTQ service members in 2025. (Blade photo by Michael Key)

Acting in agreement with the growing anti-LGBTQ sentiment from the Trump administration, during a televised speech to U.S. military leaders at Marine Corps Base Quantico in late September, Defense Secretary Pete Hegseth denounced past military leadership for being too “woke,” citing DEI initiatives and LGBTQ inclusion within the Department of Defense. During the 45-minute address, Hegseth criticized inclusive policies and announced forthcoming directives, saying they would ensure combat requirements “return to the highest male standard only.”

Since 2016, a Navy replenishment oiler had borne the name of gay rights icon Harvey Milk, who served in the Navy during the Korean War and was separated from service under other than honorable conditions due to his sexuality before later becoming one of the first openly LGBTQ candidates elected to public office. In June 2025, the ship was renamed USNS Oscar V. Peterson.

The U.S. Air Force also announced that transgender service members who have served between 15 and 18 years would be denied early retirement and instead separated from the military without benefits. Transgender troops will be given the option of accepting a lump-sum payout offered to junior service members or being removed from service.

In February, the Pentagon said it would draft and submit procedures to identify transgender service members and begin discharging them from the military within 30 days.

3. Trump blames Democrats, trans people for gov’t shutdown

Republicans failed to reach an agreement with Democrats and blamed them for the government shutdown, while Democrats pointed to Republicans for cutting health care tax credits, a move they said would result in millions of people paying significantly higher monthly insurance premiums next year. In the White House press briefing room, a video of Democrats discussing past government shutdowns played on a loop as the president continued to blame the Democratic Party and “woke” issues, including transgender people.

“A lot of good can come from shutdowns. We can get rid of a lot of things. They’d be Democrat things,” Trump said the night before the shutdown. “They want open borders. Men playing in women’s sports. They want transgender for everybody.”

2. Supreme Court joins attacks on LGBTQ Americans

(Washington Blade photo by Michael Key)

The U.S. Supreme Court issued multiple rulings this year affecting LGBTQ people. In Mahmoud v. Taylor (6–3), it ruled that public schools must give parents advance notice and the option to opt children out of lessons on gender or sexuality that conflict with their religious beliefs. The case arose after Montgomery County, Md., schools added LGBTQ-inclusive storybooks to the elementary curriculum.

In June, the court upheld Tennessee’s ban on gender-affirming care for transgender minors, protecting similar laws in more than 20 states. Lawmakers and advocates criticized the ruling, and a coalition of seven medical associations warned it strips families of the right to direct their own health care.

The Court also allowed the Trump administration to enforce a ban on transgender military personnel and to implement a policy blocking passports with “X” gender markers, with the federal government recognizing only male and female designations.

1. Trump inaugurated for second time

President Donald Trump became the 47th president after winning Wisconsin, securing 277 of the 270 electoral votes needed. His guidebook, Project 2025, outlined the Republican Party’s goals under his new leadership, with a particular focus on opposing transgender rights.

Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury Secretary, a role he eventually assumed. Bessent became the highest-ranking openly gay U.S. government official in American history.

U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

Honorable mention: The war on rainbow crosswalks escalates around the country

Florida Gov. Ron DeSantis (R) ordered state transportation officials to remove a rainbow-colored crosswalk in Orlando next to the Pulse gay nightclub, where 49 mostly LGBTQ people were killed in a 2016 mass shooting. The move follows a July 1, 2025, announcement by U.S. Transportation Secretary Sean Duffy that, with support from President Trump, the department adopted a “nationwide roadway safety initiative” that political observers say could be used to require cities and states to remove rainbow street crosswalks.

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Kazakhstan

Kazakh president signs anti-LGBTQ propaganda bill

Lawmakers passed measure in the fall

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Kazakh flag (Photo by misima/Bigstock)

Kazakh President Kassym-Jomart Tokayev on Tuesday signed a bill that will ban so-called LGBTQ propaganda in the country.

Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” The Kazakh Senate on Dec. 18 approved the bill.

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China. Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.

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