News
Gay couples sue Utah to recognize their marriages
ACLU files lawsuit on behalf of four couples who wed

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.”
Delaware
New LGBTQ visitor center slated for Wilmington, Del.
The Collective to feature gift shop, queer museum, more
During Pride month this year, the Delaware Sexuality and Gender Collective (DSGC) announced plans for “The Collective,” the first LGBTQ+ visitor center in Wilmington in nearly 40 years.
“We’ve been talking about the concept of a brick-and-mortar space for a long time,” said Noah Duckett, co-founder of the DSGC.
A licensed clinical social worker, Duckett co-founded DSGC with his mother, Julissa Corianno, in 2018. Established under Sussex Pride, the DSGC serves as a hub for leaders and organizations working directly with LGBTQ+ communities throughout Delaware.
“Our vision for The Collective is a place where our community can come to learn, create, work, and be inspired,” said Corianno.
The Collective will feature a visitor center and gift shop highlighting LGBTQ-owned businesses in Delaware.
“I think that this is something that’s going to benefit our community so much,” said Duckett.
Some of the LGBTQ-owned businesses that DSGC has already partnered with include Stressed Induced Art Attack, Moonbeam Art Collaborative, Voce Coffee, Groovy Gemini Co., Scout Cafe, Macaron Social, and Huxley and Hiro.
“Specifically in Wilmington, we haven’t had an LGBTQ-dedicated space in almost 40 years,” said Duckett.
The last LGBTQ community center in Wilmington was The Griffin Community Center, which was open for only a few years in the 1990s.
“The Griffin was a community space in the ’90s, founded by our friends James and Evo, who are so incredible and have been so supportive throughout this process,” said Duckett.
Duckett said the DSGC hopes to carry on The Griffin’s legacy.
“I think now more than ever, there’s more and more spaces closing their doors. More and more spaces are losing funding, seeing reduced funding and reduced access, especially LGBTQ+ organizations and communities,” said Duckett.
The Collective will also feature Delaware’s first LGBTQ history museum, curated by queer historian Carolanne Deal.
“We don’t have any permanent displays in the state about Delaware’s queer history, and we want people to be able to access that history any day of the year, not just during Pride month,” said Deal.
With a master’s degree in art history for museum professionals, Deal has more than seven years of experience in curatorial work and hands-on collections care.
“It’s mainly going to be a graphic display with photographs, articles, and accessible text that draws people in and creates a story for the community,” said Deal.
Although the museum will not initially have an object collection, Deal said she hopes to add physical archival pieces in the future.
“Delaware has been at the forefront of a lot of queer civil rights, and it’ll be really amazing to have that enshrined in a permanent display that’s not only up for Pride month,” said Deal.
Duckett said DSGC is currently raising funds with the goal of breaking ground this summer and opening by the end of the year.
“We would love to have rent paid for, like, multiple years up front,” said Duckett.
Duckett told the Blade that fundraising efforts have reached just under $29,000 and that the organization is awaiting several major donations from community partner organizations.
However, he said DSGC continues to be denied many grants tied to federal or state funding because of restrictions on those funds being used for LGBTQ-serving organizations.
“Private and corporate donations are absolutely vital,” said Duckett.
Anyone interested in supporting the construction of The Collective can donate online or contact [email protected] for more information.
Netherlands
Tens of thousands take part in World Pride March
Event capped off two weeks of celebrations in Amsterdam.
AMSTERDAM — Tens of thousands of people on Saturday participated in the World Pride March in Amsterdam.
Outright International Executive Director Maria Sjödin and Paolo Rondelli, who in 2022 became the world’s first openly gay head of state when he became Captain Regent of San Marino, are among those who participated alongside Massachusetts state Rep. Jack Lewis and Olena Shevchenko, chair of Insight, an LGBTQ advocacy group in Ukraine, and others.
Members of D66, the centrist Dutch political party that Prime Minister Rob Jetten heads, also marched.
Jetten in February became the Netherlands’ first openly gay prime minister. He participated in the opening of the World Pride Human Rights Conference on Aug. 5 and spoke on a panel with Rondelli, former Irish Prime Minister Leo Varadkar, and other gay and lesbian current and former heads of government.
(Washington Blade video by Michael K. Lavers)
(Washington Blade video by Michael K. Lavers)
The march took place a week after hundreds of thousands of people lined Amsterdam’s canals for the city’s annual Amsterdam Pride Canal Parade.
A terrorist attack at Berlin’s Christopher Street Day on July 25 left one person dead and more than two dozen others injured.
The incident overshadowed World Pride, which began hours earlier and ended on Saturday.
Dutch authorities increased security measures in the aftermath of the July 25 attack. No incidents were reported during World Pride.
National
HRC condemns DoE removal of LGBTQ bullying data from federal survey
Organization cites rise in homophobic, transphobic policies, worse mental health outcomes
The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.
The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.
That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.
Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.
K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.
These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.
The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.
By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.
Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.
The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.
This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.
Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.
He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.
These policies have a real-world impact on trans people.
The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.
Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.
HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.
“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”
HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.
This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.
The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.
