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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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Maryland

Md. lawmakers reaffirm legislative priorities

2026 General Assembly to end April 13

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The Maryland State House in Annapolis, Md.(Washington Blade photo by Michael Key)

Maryland’s legislative caucuses outlined their legislative priorities heading into the final weeks of the 2026 General Assembly during a joint press conference on March 24.

The press conference was titled “We are Maryland,” where a representative for each of the legislative caucuses outlined priorities. 

State Del. Kris Fair (D-Frederick County) of the LGBTQ+ Caucus opened the press conference with a statement on the unity of Maryland’s caucus. 

“Together we can show our state and our community a different world, one where we mutually support one another and through that support uplift every Marylander,” he said. 

In a press conference on March 5, the LGBTQ+ Caucus outlined its top legislative priorities. Fair highlighted two of those bills again during the “We are Maryland” press conference. 

The first of the two highlighted pieces of legislation was Senate Bill 626 and House Bill 1589. 

The bills would simplify the process of updating an individual’s birth certificate and align the Department of Health and DMV systems to reflect those changes. The bill is being led by state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and state Del. Ashanti Martinez (D-Prince George’s County). 

The second piece of legislation is Senate Bill 950 and House Bill 1209, which would update and modernize laws and regulations around so-called conversion therapy. The bills have failed to pass either chamber thus far. They are being led by state Sen. Cheryl Kagan (D-Montgomery County) and state Del. Bonnie Cullison (D-Montgomery County). 

(The U.S. Supreme Court on Tuesday ruled against a Colorado law that bans so-called conversion therapy for minors. Maryland is among the U.S. jurisdictions that prohibit the widely discredited practice for anyone under 18.)

Martinez and Lam have introduced bills in their respective chambers that would expand PrEP access in Maryland. Martinez did not attend the press conference, and Fair did not mention it when he spoke.

State Del. N. Scott Phillips (D-Baltimore County) represented the Black Caucus during the press conference. State Del. Dana Jones (D-Anne Arundel County) spoke on behalf of the Women’s Caucus, State Del. Teresa Woorman (D-Montgomery County) represented the Latino Caucus, and State Del. Lily Qi (D-Montgomery County) represented the Asian-American and Pacific Islander Caucus. State Del. Jared Solomon (D-Montgomery County) represented the Jewish Caucus, and state Del. Sean Stinnett (D-Baltimore County) represented the Muslim Caucus during the press conference. 

Solomon ended the press conference by explaining the importance of all the caucuses coming out together. 

“We are stronger when we’re together, and many of these issues that we have talked about, again, impact all of us,” said Solomon.

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U.S. Supreme Court

Supreme Court rules against Colo. law banning conversion therapy for minors

8-1 decision could have sweeping impact

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday ruled against a Colorado law that bans so-called conversion therapy for minors.

The justices last October heard oral arguments in Chiles v. Salazar. They ruled 8-1 in favor of Kaley Chiles, a therapist who challenged the 2019 law.

More than 20 states and D.C. ban the widely discredited practice for minors.

The Washington Blade will update this article.

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The White House

Thousands attend ‘No Kings’ protests in D.C.

Protesters demand accountability, defend democracy, and oppose Trump administration

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(Washington Blade photo by Joe Reberkenny)

Across all 50 states — and D.C. — more than 8 million people came out nationwide from towns big and small, red and blue, to make their voices heard. That united voice echoed what nearly 20,000 protesters declared in the nation’s capital back in October 2025: the citizens of the U.S. would not sit idly by as President Donald Trump and his administration erode democracy, attempt to restrict human rights, loosens First Amendment protections, and begin wars without congressional approval.

While there were countless differences among the thousands who joined the “No Kings” protests this weekend in the DMV — from creeds and socioeconomic statuses to races, sexualities, and gender identities — there was one thing that united them all during the chilly March 28 weather: a commitment to making their voices heard.

By 10 a.m., the Washington Blade estimated around 200 people had braved bitter winds and temperatures hovering around 40 degrees, with bright sun, to stand along the cherry blossom-adorned streets of Kalorama and Connecticut Avenue. Protesters carried signs large and small from criticizing Trump’s disregard for the “everyman” to handmade signs emphasizing love, calling for the melting of ICE, and addressing issue-specific concerns like ending the wars in Gaza and Iran — both policies propagated by Trump.

Protesters standing, chanting, and yelling about the growingly authoritarian regime taking over the federal government in front of cherry blossom tress in Kalorama. (Washington Blade photo by Joe Reberkenny)

While a solid group of D.C. residents came out with babies in strollers and dogs on leashes, the Kalorama protest skewed older with a majority-white crowd.

On the other side of town, the more heavily attended protest in Anacostia started at 1:30 p.m., crossing the Frederick Douglass Bridge.

MS Now estimates that over 20,000 people marched across the bridge, sending a clear message to the president, his administration, and the Republican-controlled federal government: federal overreach is not what the majority of Americans want to see, hear, or witness as protesters in the thousands came out for, as organizers say “the single largest non-violent day of action” in American history.

The two marches on Saturday differed in both theme and location — the Kalorama protest felt like a small-town demonstration in a big city, covering a wide variety of topics, whereas the Anacostia protest was more focused, directly calling out and pushing back against the actions of Stephen Miller (the White House chief of staff)and other Trump allies.

Many participants shared their reasons for marching with glee — shouting as cars honked in support passing by and discussing the broader issues within the current political climate with those standing next to them: some neighbors, some friends, others complete strangers. Regardless, an important discussion was happening across the city.

A surprise to many participants — and the Blade reporter covering the event — was seeing U.S. Rep. Sara Jacobs (D-Calif.) stand outside in near-freezing temperatures with her staff and some signs.

Jacobs used the exclusive — and more intimate — ability to speak on her experience watching everything unfold from inside the halls of Congress.

“We had votes until midnight last night, so I couldn’t make it back to San Diego for the march, but it’s important to show up and cheer on people standing up and making their voices heard,” Jacobs said. “This is just the start. We need to make our voices heard every day through the end of the year.”

Jacobs also used the opportunity to criticize congressional inaction from those on the other side of the aisle, reminding the Blade that a legislator’s job is to protect and secure the people they represent — not the interests of a wannabe king or corporations that back many congressional campaigns through PACs.

“It makes me angry at my Republican colleagues who won’t stand up to Trump. Actions like this inject courage into my colleagues — they need to see that the American people have their back,” she added, eventually emphasizing the public responsibility lawmakers have to protect the Constitution and everyone in the country (which the Supreme Court had pointed out as far back as 1886 with Yick Wo v. Hopkins). “Congress is not going to save people. This is about everyone showing up and making our voices heard and building the democracy we want.”

The second—and primary D.C. ‘No Kings’ protest in Anacostia on Saturday afternoon. (Washington Blade Photo by Michael Key)

Ashley Gould, a tourist visiting from Missouri, told the Blade that despite Washington being seen as one of the most politically active towns in the country, over the past few years, she and many other politically active Missourians have been preparing for this moment and were zealous to have their voices heard together as one.

“I’m actually visiting my sister from Missouri, and we’ve been doing this since the first No Kings protest [there]. I wanted to see how you guys did it here,” she said. “As someone in a red state, we’re not represented in Congress right now, so I don’t personally have a say in any of this. If I can do one small thing, I want kids in our town to see me trying to make a difference, get petitions signed. This is all we have.”

Gould continued, “I don’t know if it’s going to cause an impact for elected officials, but I hope that little kid who sees us with the posters sees that we do have a voice—and maybe one day they can, if they can’t right now.”

Gary Bowman, another early protest-goer, held a sign that pointed out the obscurity — and unconstitutional nature — of the current administration’s actions.

“I hate the direction the country is going in, and Donald Trump is not fit to be in office,” Bowman said, adding that his choice of sign exemplified that. “It’s obvious based on his policies — his attacks on the trans and LGBTQ communities — that he’s trying to suppress people. And the Republican Congress isn’t helping.”

When asked how the phrase “No Kings” resonates with him, especially since this is the third one held in two years, Bowman said it may be catchy for headlines or help inspire creative signs (like Trump on a golden throne or toilet), but the march and protest are about something much more important.

“‘No Kings’ is a catchphrase for me; I’m more concerned about losing our democracy. We, the people, have a voice we should use,” he said, elaborating on how this administration’s course of action disregards rules designed to prevent an authoritarian — or wannabe-authoritarian — from taking power. “I don’t think Trump is overstepping … I think he’s shattering democratic norms. He wants to do what’s right for Donald Trump, not for anyone else.”

He concluded bluntly that unless everyone — including Republicans in power — stand up to the president for these ludicrous choices, change won’t happen, regardless of how loud he or any other Trump critics scream at protests.

“Until we have a Congress that would actually look at protests and take action, it won’t matter. He’ll just get pissed off and act against them,” Bowman said. 

When asked what he could say to those in charge, he finished strongly: “If I could say one thing to him? Fuck off, Donald Trump.”

Jameson Woosley and Elena Lacayo were standing on the corner of Kalorama Road, holding their baby tight as pink cherry blossom trees swayed behind them, as if to cheer on the protesters.

“It’s the degradation of democracy. Every day there’s an overreach by the executive branch, and Congress just sits on their hands,” Woosley said, standing side by side with Lacayo.

“It’s terrifying for my baby. This administration has turned people who’ve done nothing wrong into criminals — it’s Orwellian. Up is down, war is peace,” Lacayo noted. “I was raised in another country with authoritarians… I’m a citizen here, and I’m going to use every right I have to advocate for those who can’t.”

Lacayo then spoke about how, for many, direct protests against government action (and inaction) are the only choice — especially under a supermajority federal government with the White House, Supreme Court, and both chambers of Congress.

“We have no choice but to believe change can come. This is what we can do. We must continue fighting; that’s what the human spirit is about,” she said.

Woosley emphasized the growing impact of the protests, saying, “Every protest gets bigger, and opinion polls keep swinging in the right direction … We need to speak up and get all the right people out to bring positive change.”

“These people are nothing without us,” Lacayo added.

Protesters at the corner of Connecticut Avenue and Kalorama Road on Saturday morning. (Washington Blade photo by Joe Reberkenny)

Beth Davis, a former resident of Kalorama, shared with the Blade that this place holds special meaning for her — and her children — which is in part why she chose this one over the larger protest in Anacostia.

“I used to live in the neighborhood, so this is special for me. It’s easy to bring the kids and let them be part of the movement,” Davis said, as her elementary-aged children ran around the manicured grass while bundled up, enjoying the lively atmosphere.

“What’s happening to immigrant communities is horrific, and I want to show solidarity. Also, the Iran war — it’s terrifying what’s happening,” she added before explaining what the “No Kings” name actually means to her. “’No Kings’ makes me think of the extreme grab for power — it’s unprecedented.”

Davis then noted the importance of protesting when it seems like the main goal is often to iisolate : “Coming to protests makes people feel like they’re not alone, and that momentum carries into elections,” she explained, noting why she not only brought her two children to this protest—and many others in the past as well– but uses these as real world teaching moments. “We bring kids to teach them their civic responsibilities. My oldest has been to about ten protests.”

Another remarkable aspect of D.C. protests is the diversity of participants. Teachers, retail workers, students, and even some congresspeople turned out. In Kalorama on Saturday, the No Kings protest brought out Anne Plant, a biochemist and fellow at the National Institute of Standards and Technology, where she was previously chief of the Biosystems and Biomaterials Division.

Plant focused on many issues when speaking to the Blade, but started with what many consider the most important: Trump-era policies making civic engagement more difficult, particularly regarding civil rights.

“A lot of things are going wrong, and the only way to change them is for people to act. D.C. has no statehood, no vote — it’s a civil rights issue,” Plant said. “To deny the vote to any group of U.S. citizens doesn’t make sense. These people work for us; we should be able to hold them accountable.”

She held a small, hand-painted sign with two cohesive messages: “Reject Fascism. Defend democracy.”

“Some of what’s going on now is not healthy for society. No one will benefit; it’s just ruination,” Plant concluded. “Seeing more people out here shows that others feel the same, and momentum is what it takes to move things.”

Religious activists also joined the marches. Sister Diane and Sister Claire, two Catholic nuns, were out protesting Trump and his agenda.

“We’re sisters, Catholics in support of LGBTQ rights. I work with immigrants, and we wanted to stand in solidarity,” Sister Diane said.

Sister Claire reflected on the era the U.S. is in now: “It’s so disturbing. I’m almost glad my folks aren’t alive anymore for all they cared about. It’s heartbreaking, but we need something for the future.”

John Jones, another attendee teeming with energy and anger against the regime, captured the urgency of the moment succinctly.

“We’ve got to do something. I needed to be part of the community and let them know we’re tired of all the madness,” Jones told the Blade before detailing specific atrocities by the Trump-Vance administration.

“Rounding up legal people who follow the rules — throwing them away just because he’s racist, or his friends tell him to be racist. Helping pay for a war, bombing Gaza, killing people for no reason, manipulating the stock market for personal gain. It’s crazy,” he said, still holding out hope that small acts — like the protest gathering — show everyday Americans they have power, advocating for even more people to come out for the next No Kings protest.

“I hope protests can spark change. I won’t hold my breath, but the more people out here, the more they [in power] seem to be listening.”

Patty Bowring, who had moved with her family from the United Kingdom to join her husband in D.C. for his career, is set to return soon due to immigration restrictions. She, her children, and her mother came out to protest because she believes it is just as important for non-citizens to have the right to both protest and exist in a country founded and enriched by immigrant and enslaved labor.

“Even though we’re British, we’re leaving America in two months because of the administration. But this affects everybody — it’s hugely dangerous and worrying,” Bowring said.

Despite the somber mood, she kept a smile and joked: “I hope it’s the death of dinosaurs and that nothing more radical comes next. I want them to be happy,” also pointing out that the mixed messages at the protest could dilute impact. “Protests need a clearer message. ‘Anti-fascist’ should be the focus; too many other messages muddy things.”

Finally, John Norrin highlighted the continuity of civic engagement, informing the Blade that this protest — albeit a smaller version — happens every week on the corner.

“I’m here with friends, looking for more,” Norrin said. “There’s a regular protest every Thursday morning, and I’m going to start joining … The kings today are mostly figureheads, but we also have dictators not called kings who act like one. We have an elected representative trying to be a king.”

He, much like others around him — even with Jacobs standing mere feet away — criticized Congress’ inaction.

“Congress is understepping. They should assert their rights under Article One — declare war, impose tariffs — but they’re too afraid to follow their oath,” Norrin said, eventually shifting to a note of hope. “If at least 3.5 percent of the populace regularly protests, there’s a good possibility for change. I hope that happens here. Some friends will go to Connecticut to join larger groups. I had to figure out which protest in D.C. to join—it took a while.”

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