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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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Netherlands

Dutch prime minister visits Stonewall Inn

Rob Jetten is the Netherlands’ first openly gay prime minister

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Dutch Prime Minister Rob Jetten, on right, visits the Stonewall Inn in New York on Sept. 21, 2026. (Photo courtesy of Jetten's X account)

Dutch Prime Minister Rob Jetten on Monday visited the Stonewall Inn in New York.

“The Stonewall Inn is not just a gay bar in New York, but the place where in 1969 riots took place as a reaction to years of discrimination and police violence,” wrote Jetten on X. “This is seen as the starting point of the global LGBTIQ+ emancipation and activism. Nowadays, the bar is a national monument, dedicated to the LGBTIQ+ rights movement.”

“For me, it is impressive and moving to be here tonight. And also fitting, because the defense of human rights is an important part of our foreign policy,” he added. “The Netherlands stands alongside the Stonewall Inn community when it comes to everyone’s right to live openly, safely, and with pride, no matter who you are or who you love.”

Jetten in February became the Netherlands’s first openly gay prime minister.

He opened last month’s World Pride Human Rights Conference in Amsterdam. Jetten also participated in a panel with former Irish Prime Minister Leo Varadkar, former San Marino Captain Regent Paolo Rondelli, and other current and former heads of government who are gay or lesbian.

Jetten is scheduled to speak to the U.N. General Assembly on Thursday.

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District of Columbia

Capital Pride chair resigns from board after just 10 months

Anna Jinkerson ‘taking step back to move forward’

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Anna Jinkerson, on right, speaks at the 2026 Capital Pride Festival. (Washington Blade photo by Landon Shackelford)

Anna Jinkerson, who has served as chair of D.C.’s Capital Pride Alliance Board of Directors for the past 10 months and has served on the board for the past four years, confirmed she is resigning from the board effective Sept. 30.

Capital Pride Alliance serves as the lead organizer of D.C.’s annual LGBTQ Pride events. 

“I am taking a step back to move forward and plan to stay engaged in the community,” Jinkerson told the Washington Blade in a statement. “Serving as a volunteer leader during a period of transition following World Pride was both an honor and a challenge,” she said.    

“Throughout my tenure, I focused on strengthening accountability, improving communications, supporting staff and volunteers, and helping position the organization for long-term success,” she told the Blade in her statement. “Meaningful organizational progress requires collaboration, dedication, and a shared commitment to serving the community, and I am proud of the work accomplished during this period.”

In February of this year, during Jinkerson’s tenure on the board, Capital Pride announced it had expanded the size of its board from 12 to 25 members.

Around that same time one of the existing board members, transgender activist Taylor Lianne Chandler, announced in a letter to fellow board members that the Blade obtained from an anonymous sender that she was resigning from the board. Among her reasons for resigning, she said in the letter, was the board’s failure to address “sexual misconduct” within the Capital Pride organization. 

In the letter, which she confirmed for the Blade was authentic, Chandler said she and other board members raised  “credible concerns” of alleged sexual misconduct within the Capital Pride organization and the board chose not to adequately respond to those concerns.

Chandler told the Blade a Capital Pride investigation identified an individual implicated in a “pattern” of sexual harassment related behavior, but said she was bound by a Non-Disclosure Agreement that applied to all board members and she could not provide further details. 

When the Blade contacted Capital Pride for comment on Chandler’s allegations, Jinkerson responded with a statement saying Capital Pride was addressing her concerns.

“When concerns are brought to CPA, we act quickly and appropriately to address them,” Jinkerson said. “As we continue to grow our organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we provide to our team and partners,” she said.

In her statement to the Blade this week commenting on her planned resignation from the Capital Pride board, Jinkerson appeared to refer to the concern raised by Chandler.

“I am proud to have advocated for sexual harassment training, supported staff and volunteers when concerns were raised, engaged community leaders in important conversations, and helped advance practices that strengthen safety, transparency, and accountability,” she said.

 “As I step away from board service, I do so with gratitude for the opportunity to serve and with confidence in the organization’s future,” she added. “I am taking a step back to move forward, and I look forward to remaining actively engaged in our community and continuing to support efforts that advance equality, belonging, and pride for all.”  

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Fiji

Spike in HIV cases prompts Fiji to declare national emergency

Country recorded 2,016 new diagnoses in 2025

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(Photo by markandcressie/Bigstock)

Fiji, a small Pacific island nation, on Sept. 15 declared a national emergency as it confronted one of the sharpest increases in new HIV infections globally. 

The surge had been building for years, prompting the government to begin intensifying its response two years before the emergency declaration.

In 2024, the government adopted a four-year HIV Surge Strategy, covering 2024 through 2027, and later put in place a national plan to respond to the outbreak. UNAIDS and the World Health Organization have supported that effort.

The scale of the crisis is stark. 

An estimated 9,100 people were living with HIV in Fiji in 2025, according to UNAIDS — a 12-fold increase from 2010. HIV has no cure, but effective treatment can suppress the virus, allowing people living with HIV to live long, healthy lives, and preventing sexual transmission when the virus remains undetectable.

In announcing the emergency, Health and Medical Services Minister Ratu Atonio Lalabalavu said the country recorded 2,016 new HIV diagnoses in 2025, the highest annual total on record. He called the figures a sign of the “seriousness of the epidemic and the urgent, coordinated response our country now needs.”

The crisis is also affecting children. 

Save the Children Fiji said this week that a two-month-old baby is currently the youngest patient in the country living with both HIV and tuberculosis. The organization said 59 babies acquired HIV through mother-to-child transmission in 2025, while 67 new HIV cases were recorded among children under 15.

Five years ago, about one in every 167 people in Fiji was estimated to be living with HIV, according to government figures cited by the Associated Press. Since then, Fiji has also emerged as an important transit point in the regional drug trade, with international criminal networks moving narcotics from Latin America and Asia toward markets including Australia and New Zealand. Some of those drugs are also reaching Fiji’s domestic market, where injecting drug use has become an increasingly important route of HIV transmission.

Sexual transmission has continued to fuel the outbreak, with health officials pointing to inconsistent condom use and gaps in HIV testing. Stigma and misinformation have made the problem harder to confront, according to UNAIDS Pacific adviser Renata Ram, who has warned that limited knowledge about HIV can discourage people from seeking testing and care.

In a statement to the Washington Blade, Eamonn Murphy, UNAIDS’ regional director for Asia and the Pacific and Eastern Europe and Central Asia, cautioned against viewing Fiji’s epidemic through the lens of a single behavior or community. Among cases where the mode of transmission is known, he said, more than half are linked to sexual transmission and more than 42 percent to injecting drug use.

“The rise in infections among women and infants also shows that HIV has reached more widely across society,” Murphy said. “What stands out is how quickly the epidemic changed compared with the pace of the response. Access to PrEP and harm reduction remained limited, Fiji did not yet have a needle and syringe programme, and stigma and policy barriers continued to keep some people away from services.” 

Murphy noted only 39 percent of people with HIV in Fiji knew their status in 2025, and only 22 percent of them were receiving treatment. He also pointed out a wider system-level problem. 

“COVID-19 and the years that followed disrupted services, shifted attention and resources, and left community-led outreach operating below the scale that was increasingly needed,” said Murphy. “The epidemic moved faster than the response.”

Murphy said the immediate challenge is to bring HIV prevention and treatment closer together and make both easier to access at scale. He said PrEP, condoms, testing and harm reduction — including Fiji’s planned needle and syringe program — need to reach people earlier. At the same time, people diagnosed with HIV need a clear path into same-day treatment, care and support that helps them remain in treatment.

The tool at the center of the harm-reduction debate is hardly new. 

Needle and syringe programs provide people who inject drugs with sterile equipment, helping them avoid sharing needles and reducing the risk of HIV and other blood-borne infections. Decades of evidence have found that NSPs reduce HIV transmission without increasing drug use, and WHO describes them as a proven and cost-effective public health intervention. Such programs operate in more than 90 countries worldwide. Yet Fiji, even as injecting drug use has become an increasingly important route of HIV transmission, is only now moving toward introducing one.

“Trust is just as important as access,” Murphy told the Blade. “People most affected by HIV are more likely to use services when they are confidential, respectful and connected to organisations they already know. Community groups and peer workers are increasingly part of Fiji’s response, including the rollout of free PrEP, and that closer link with the health system can make a real difference.” 

“As UNAIDS has stated, the national crisis declaration is ‘a call for action, not fear,’” he added. “Fiji has the tools to change the trajectory; the priority now is to turn political commitment into rapid, coordinated action that reaches people at scale. The UN Joint Team is working to support the national response.”

Joeli Colati, executive director of Fiji Network Plus, a nongovernmental support and advocacy network established by and for people living with HIV, told the Blade that HIV affects people in ways that extend far beyond their health. Some people are afraid to get tested because they fear being judged or worry that others will discover their HIV status. Others fear the consequences for their families, jobs and relationships, as well as stigma and gossip. For LGBTQ people and other vulnerable populations, Colati said, those fears can be even harder to navigate because some already face discrimination. When people do not feel safe, he said, they may avoid testing, treatment and other HIV services.

Fiji does not have a reliable national count of its broader LGBTQ population. 

UNAIDS estimates that about 16,000 men who have sex with men and transgender people live in the country, though that figure should not be treated as an estimate of the entire LGBTQ community.

“We are also seeing a lot of HIV misinformation, especially on social media. This includes people sharing wrong information about how HIV is spread, how it is treated, and what it means to live with HIV,” said Colati. “Another serious concern is the increase in herbal healers claiming they can cure HIV. There is currently no cure for HIV. These claims can be dangerous if they make people stop or delay their HIV treatment. Herbal medicine should never be promoted as a replacement for antiretroviral therapy (ART).”

Colati said HIV peer counselors and NGO outreach workers are helping people at the community level, from supporting those newly diagnosed and helping them stay in care to reaching people who may not visit clinics, providing accurate information and connecting them with testing and treatment. He said people are often more comfortable seeking help from someone who understands what they are going through.

“As someone living with HIV myself for 19 years, I know that a person who is newly diagnosed needs more than medicine. They also need support, correct information and hope. With treatment, people living with HIV can live long and healthy lives,” Colati said. “We also need people to understand undetectable equals untransmittable, or U=U: when a person living with HIV takes treatment and maintains an undetectable viral load, they do not sexually transmit HIV. That is both a prevention message and a powerful message against stigma. Fiji Network Plus, the national network for people living with HIV, reinforced this message in our response to Fiji’s national HIV crisis.”

Asaeli Sinusetaki, acting chief executive of Rainbow Pride Foundation, an LGBTQ advocacy group based in Suva, the Fijian capital, in a statement to the Blade said the organization welcomed the government’s declaration because it showed officials now recognized the seriousness of the situation. 

“It is unfortunate that it took this long to respond, because the warning signs were always there,” Sinusetaki added.

“For LGBTQ+ people, experiences can differ depending on how comfortable they are accessing services,” Sinusetaki said. “At the same time, LGBTQ+ communities in Fiji have been one of the driving forces behind prevention efforts. Yes, accessing services independently can be a challenge because of fear, particularly stigma and discrimination. But because many LGBTQ people are also part of the Peer Outreach Worker network, they have established trust within their communities and networks to help people access information and services.”

Sinusetaki said access to HIV testing remains a major challenge, with testing unavailable at many local health centers, forcing some people to travel to sexual and reproductive health clinics or hospitals. He said that can be a significant barrier in a country where people often do not seek medical care unless they are already sick, making it unlikely that someone would make a separate trip simply to get an HIV test.

“The emergency has also highlighted that HIV cannot be treated as a stand-alone issue,” said Sinusetaki. “LGBTQ people need access to a broader package of sexual and reproductive health services, STI screening and treatment, mental health and psychosocial support, prevention information, condoms and lubricants, PrEP and PEP and, where relevant, harm-reduction services.” 

“For people who receive a positive diagnosis, the challenge does not end with testing,” Sinusetaki added. “We need to ensure that they are linked rapidly to treatment, supported to remain in care and treated with dignity throughout that journey.

The Blade reached out to Lalabalavu multiple times for comment, but did not receive a response.

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