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.”
United Kingdom
British Prime Minister Keir Starmer to resign
Announcement comes after Labour Party election loses, ambassador scandal
British Prime Minister Keir Starmer on Monday announced he will step down once his party chooses his successor.
Starmer succeeded Rishi Sunak of the Conservative Party in No. 10 Downing St. in 2024.
The Labour Party included a ban on so-called conversion therapy in England and Wales in its elections manifesto. King Charles III in last month’s King Speech that he delivered in the British House of Lords said a transgender-inclusive ban is among the British government’s legislative priorities.
Charles delivered his King’s Speech days after the Labour lost more than 1,000 council seats in local and regional elections. The May 7 vote took place against the backdrop of widespread criticism over Starmer’s decision to appoint Peter Mandelson as ambassador to the U.S., despite his ties to Jeffrey Epstein.
Former Greater Manchester Mayor Andy Burnham is seen as the frontrunner to become Labour’s new leader — and the UK’s next prime minister. Burnham was sworn in as an MP in the House of Commons hours after Starmer announced his resignation.
Starmer in his resignation announcement said he expects his successor will be in place before MPs return from their summer recess on Sept. 1.
District of Columbia
Capital Pride draws tens of thousands to D.C.
Revelers lined 14th Street for parade, festival took place on Pennsylvania Avenue.
Tens of thousands of people gathered across D.C. over the weekend as Capital Pride celebrated its annual Pride festivities with a parade, festival, concerts, parties, and community events centered on the theme “EXIST. RESIST. Have the Audacity!”
Although the events took place a week later than usual due to America 250 celebrations the week prior, crowds turned out in force to celebrate Pride month and the LGBTQ community.
The weekend began with the Crack of Noon Parade Brunch, where awardees were recognized and parade grand marshals David Archuleta and Monroe Alise mingled with attendees. Honorees included D.C. Del. Eleanor Holmes Norton, D.C. Mayor Muriel Bowser, Benjamin Coy, Charity Blackwell, Darryl Hamilton, Thea Kano, Kendall Martinez-Wright, Lee Levingston Perine, Dylan Drobish, Tyler Hack, Patrick Magee, Judy Schloss, Darrell Wood, Tyler Cargill, and Dai Nguyen.
Saturday’s Pride parade kicked off at 3 p.m., drawing large crowds along 14th Street, N.W.
Floats, cheerleaders, marching bands, and performers entertained attendees as they made their way through the city. The Canadian Embassy’s float featured cardboard cutouts of characters from “Heated Rivalry,” while others sprayed water into the crowd to provide relief from the summer heat.
Attendees of all ages lined the streets, with children reaching for bracelets, candy, and bubble wands tossed from parade participants. Pride flags waved throughout the crowd, and businesses along the route decorated storefronts in celebration. Others watched from balconies and rooftops overlooking the parade.
The parade also remembered SaVanna Wanzer, a lifelong D.C. resident who passed from natural causes on April 24. Wanzer was a longtime advocate for LGBTQ rights, specifically transgender rights, in the community, creating her own celebrations and organizations over the years. Multiple floats featured framed photos and flowers in her honor.
Following the parade, thousands gathered at the 17th Street Block Party, presented by Absolut Vodka. The event featured performances by DJs Bruno and Lauren, and Citrine the Queen as attendees danced and celebrated into the evening.
Earlier in the day, younger attendees participated in family-friendly activities at Stead Park, including glitter tattoos, hair tinsel, crafts, and other activities before heading to the parade.
Celebrations continued throughout the night with events including RIOT! The Official Parade Opening Party, featuring headliner Myki Meeks, as well as ELIX-Her and KINETIC: Toyland. Across the city, LGBTQ community members and allies gathered for parties and nightlife events that extended well into the evening.
The festivities continued Sunday with the Capital Pride Festival and Concert.
Hundreds of vendors lined the festival along Pennsylvania Avenue, N.W., offering everything from handmade crafts and leather goods to nonprofit fundraising opportunities and political initiatives. Attendees browsed booths, enjoyed food and drinks, and spent the afternoon exploring the festival.
The main concert featured performances by Maren Morris, queer rapper Leikeli47, Lisa Lisa, “Heated Rivalry” DJ Harrison, Tracy Young, and Meeks. Additional performances took place at the Monument Stage and Dupont Dance Stage.
The Monument Stage featured DJ Jerry’s Dance Party, DC’s Different Drummers, and Vagenesis, while the Dupont Dance Stage hosted a variety of DJs and provided space for attendees to dance throughout the day.
While much of the weekend focused on celebration and joy, organizers said this year’s theme, “EXIST. RESIST. Have the Audacity!,” reflected both the resilience of LGBTQ people and the challenges the community faces, and speakers emphasized Pride’s roots in activism and community.
“Grounded in the undeniable truth that our existence is not up for debate, this year’s theme calls on the community to live loudly and proudly, stand firm against injustice and erasure, and embody the collective strength that has always defined the LGBTQ+ community,” said Capital Pride Alliance in a statement.
According to the American Civil Liberties Union, there are 530 anti-LGBTQ+ bills across the U.S. that have been introduced this year. While 333 have been defeated, 93 are advancing in their legislature, and 33 have been passed into law or will soon be.
The U.S. Supreme Court is currently in the process of deliberating on the topic of trans athletes in college-level sports, and recently supported a case allowing for what is considered so-called conversion therapy under Colorado law. At a time when support for the LGBTQ community seems to be fading, the message from the Capital Pride Alliance is a reminder that Pride began as a protest.
Earlier Sunday at the main concert stage, Rayceen Pendarvis addressed attendees, speaking about the ongoing work required to create change and the importance of perseverance.
“I leave you with the words of Angela Davis: ‘I am no longer accepting the things I cannot change, I am changing the things I cannot accept,’” Pendarvis said.
Pendarvis has a legacy in D.C. for fighting for change, emceeing LGBTQ events, and using her strengths, as she refers to herself as a “queer elder,” to be able to use her experience and wisdom to push her community in the direction she wishes to see it go.
“Love is also the greatest gift we have. You are the light that outweighs the darkness,” Pendarvis said.
She then asked attendees to turn to someone they did not know, hug them, and tell them they loved them. The crowd responded by embracing one another in a moment that reflected the sense of community that defined the weekend.
Dupont Circle once again fenced off during Pride
The celebrations unfolded amid renewed attention on Dupont Circle.
The National Park Service closed Dupont Circle Park from June 19 through June 22 at 6 p.m., citing public safety concerns. According to NPS, the closure was intended “to provide for public health and safety and protect natural and cultural resources in Dupont Circle Park.”
The weekend was largely free of major incidents.
However, a shooting occurred Saturday night near the 900 block of Florida Avenue, N.W., near the U Street Corridor shortly after 10 p.m. Two men sustained non-life-threatening injuries. Authorities have not indicated any connection between the shooting and Pride events.
The weekend concluded with the “Capitol” Sunset Party, providing a final celebration for attendees as another year of Capital Pride festivities came to a close.
Colombia
Abelardo de la Espriella elected Colombia’s next president
Far-right lawyer has pledged to end ‘gender ideology’ in the country
Abelardo de la Espriella on Sunday narrowly defeated Iván Cepeda in the second round of Colombia’s presidential election.
De la Espriella, a far-right lawyer who has praised U.S. President Donald Trump and Salvadoran President Nayib Bukele, beat Sen. Iván Cepeda, a member of outgoing President Gustavo Petro’s Historic Pact party, by a 49.7-48.7 percent margin. De la Espriella will take office on Aug. 7.
Secretary of State Marco Rubio on Sunday spoke with De la Espriella, who has pledged to end so-called “gender ideology” in Colombia, and congratulated him on his victory.
“This result reflects the will of the Colombian people and their commitment to democracy,” said State Department spokesperson Tommy Piggott in a statement. “The Trump administration looks forward to working closely with his incoming administration to advance our bilateral and regional security cooperation, end illegal immigration to the United States, and strengthen the economic ties between our two countries. Through our close bilateral cooperation, and under the leadership of President-elect De la Espriella, Colombia’s best days are ahead.”
The election’s first round took place on June 1.
Former Bogotá Mayor Claudia López, a centrist who ran as an independent, finished fifth. She would have become Colombia’s first female and first lesbian president if she had won the election.
De la Espriella and Cepeda faced off in the runoff because neither received a majority of votes in the first round.
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