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.”
District of Columbia
Center Arts Gallery celebration, auction to take place on Oct. 17
D.C. LGBTQ+ Community Center to mark event’s 10th anniversary
The D.C. LGBTQ+ Community Center is hosting its 10th anniversary celebration of the opening of its Center Arts Gallery on Saturday, Oct. 17, at the Center’s offices at 1827 Wiltberger St., N.W., from 6 – 9 p.m.
“For 10 years, the D.C. LGBTQ+ Community Center’s Arts Gallery has been more than a place where art is displayed,” a statement released by the center says.
“It has been a space where LGBTQ+ artists are seen, celebrated, and connected to community, and where their work has given expression to the stories of joy, resistance, grief, beauty, survival, courage, and imagination,” the statement adds.
It says those attending the event would have an opportunity to bid on donated artwork in an auction and to meet and interact with “the artists whose creativity has helped bring Center Arts Gallery to life, enjoy wonderful food and music, and celebrate a decade of LGBTQ+ artistic expression.”
But the statement posted on the LGBTQ+ Community Center’s website says free general admission tickets may have been sold out, with $75 VIP tickets still available. It says the proceeds from ticket sales will be used to help support the LGBTQ+ Community Center’s operations.
Attendees and others were also invited to an event after party at the LGBTQ bar and cafe Spark Social from 9-11 p.m. at 2009 14th St., N.W.
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Congratulations to Richard Garrett on being honored by Delaware Gov. Matt Meyer with the Order of the First State. Garrett is executive director of the Children’s Beach House, in Lewes, Del. Upon accepting the honor he said, “I am deeply honored to be recognized by Governor Meyer with the Order of the First State, but I hope this occasion also shines a light on children who are struggling in some of the same ways I struggled as a child and teenager. Perseverance, connection, patience, and the presence of caring adults made all the difference in my life. For 24 years, my greatest privilege has been helping Children’s Beach House create that same sense of belonging and possibility for children and families across Delaware. They are strong, smart, resilient, and resourceful—and they deserve every opportunity to discover just how much they are capable of becoming.”
He told the Blade, “In many ways, my own childhood helps explain why this work has been so deeply personal to me. I grew up in a family that struggled financially, and I had a speech impediment so severe that, as a young child, I often could not be understood without one of my siblings acting as an interpreter. Thankfully, I had strong parents and a mother who was an educator. She spent countless hours helping me practice consonant blends and trying to master the “R” and “S” sounds. Just as importantly, she understood that being around other children my own age would teach me things that no adult could. What made a difference in my life were competent, caring adults who built relationships with me and gave me the sense of safety and belonging I needed. People like Sister Kathleen Swan, OSF; Father Gerald M. Dunne, OSFS, Dr. Susan Cassidy and her husband, John Bronson, to name a few! In many respects, my story mirrors the work we do every day at Children’s Beach House. The children and families we serve are strong, smart, resilient, and resourceful. Sometimes what they need most is for someone to recognize those strengths, stand beside them, and give them the relationships and opportunities they need to flourish.”
Over the years Garrett has grown the Children’s Beach House’s annual budget from approximately $650,000 in 2003 to $4.5 million while strengthening impact, visibility, and organizational infrastructure. He raised $2.5 million in Delaware foundation capital grants, and established a $7 million endowment for the Margaret H. Rollins Center, a $1 million capital endowment, and increased the general operating endowment to $6 million.
In addition to all that Garrett is the founder and owner of Midway Motion and Fitness. He is also looking forward to the groundbreaking of Midway Pickleball in 2027. He is treasurer of the Community Foundation Board of Kiwanis Club of Coastal Delaware. He began his career as executive director of the Delaware County Children’s CAMP, Media, Pa.; and was director of Student Affairs for the Williamson Free School of Mechanical Trades, Media, Pa.
Garrett earned his bachelor’s degree in psychology from Neumann University, Aston, Pa.; and did his graduate studies in vocational education, Temple University.
Turkey
‘Governments that attack LGBTQ+ rights learn from each other’
Turkish authorities on Sept. 12 launched anti-LGBTQ ‘My Family Is Safe’ campaign
Sept. 12 is a solemn day for the people of Turkey. It is the anniversary of the 1980 coup d’état — when members of the National Security Council, along with the armed forces, dissolved the Turkish parliament, arrested hundreds of thousands of people, and entered a three-year period of martial law.
On Sept 12, the 46th anniversary of the 1980 coup, the country faced another wave of arrests; this time they targeted the LGBTQ community. The government launched the national “My Family Is Safe” campaign, which triggered mass raids and arrests of LGBTQ organization leaders, advocates, academics, and sexual health treatment centers for people with HIV. (These include EU-funded organizations launched by the Turkish government in 2005.) Since the nation has seen a decline in birthrate and a swelling economic crisis, this has allowed authoritarian President Recep Tayyip Erdoğan and conservatives in Turkey to use the LGBTQ community as the ideal scapegoat.
“This is the cruelest part. It was Erdoğan’s own party that made it easier to found NGOs in 2005 as an EU accession process, and that is how many LGBTI+ groups came to be officially registered.” Ali Yildiz, a linguistics graduate student at the University of Cologne in Germany, told the Washington Blade. “Everything was legal, transparent and official. Now those same registrations are being used as arrest lists. The state is basically punishing those who trusted it. It sounds very much like the Nazis. They also used member lists of associations to persecute them later.”
Yildiz has witnessed the oppression of the Turkish government firsthand: in 2024, he moved to Germany. As one of the board members of a grassroots NGO that focuses on sexual health, Yildiz was at risk of arrest and prosecution.
As part of the “My Family Is Safe” operation on Sept. 12, police raided Yildiz’s family’s former home to find him.
In the aftermath of these raids in Turkey’s major cities, protestors have gathered at Turkish embassies across Europe and the U.S.

A critical discourse has also emerged as a response to the crackdown across international queer media: how should the West cover oppressive regimes abroad?
“From what I see, the Western reading of Turkey’s crackdown on LGBTI+ people usually goes: it’s a conservative, Muslim country, so this is what you’d expect. I believe that framing is incomplete, and it lets the people responsible off the hook. The Erdoğan regime is also heavily relying on this contextualization,” said Yildiz. “The government is not simply reacting to existing conservatism but is actively shaping it. Look at how operations are presented: raids on LGBTI+ organizations and activists come packaged with claims about drugs, obscenity, sex work, or organized crime on other groups in the news. The evil strategy is to link LGBTI+ people with criminality in the public mind.”
The LGBTQ community is not the only group that has been under the weight of oppression. Political opponents and descendants whom Erdoğan deems criminals are also charged with treason.
Istanbul Mayor Ekrem İmamoğlu, who is the leading candidate for the upcoming 2028 presidential elections for the opposition center-left Republican People’s Party, was arrested on terrorism charges in 2024. On the same day, he was nominated as the CHP’s presidential candidate.
For a while, X served as a platform to express discontent with the government, but that changed recently when Elon Musk blocked nearly 500 accounts in Turkey. The Turkish government also banned Grok after the AI system responded to a user’s question about Erdoğan, which government leaders found offensive.
The visibility of these pages has decreased. With a VPN, citizens can still access the pages because they were banned only in Turkey, not internationally.
Discontent with the government is increasing, but so is government oppression.
Not only have LGBTQ pages been shut down, but many journalists and academics have also had their pages banned.
The Blade spoke to an anonymous academic living in Ankara, the Turkish capital, who said Erdoğan, U.S. President Donald Trump, and other authoritarian leaders are constantly learning from each other.
“These anti LGBTQ+ policies are being created in the name of preserving traditional family values and are not only a threat to Türkiye,” they said. “It is also a global issue that threatens people everywhere. It should be perceived as an international problem. That is why we LGBTQ+ people need to act in solidarity internationally.”
Because of the compounding human rights crisis happening simultaneously around the globe, visibility has been advocates in Turkey’s main challenge.
Since 2022 there have been a series of crackdowns against opposition parties, academics, labor unions, student organizations, journalist and advocates. Another anonymous academic in Istanbul told the Blade that after the 2022 crackdown, “people were intimidated, and most people did not feel encouraged to organize.”
In the weeks following this recent crackdown, discontent with the Erdoğan government has increased along with inflation and unemployment, not helped by the war in Iran.
“Our leaders do not say anything about the financial crisis,” said the Istanbul academic.
High inflation, high unemployment rates, many factories, and businesses have left Türkiye and transferred their businesses to other countries. And because of the timing of these recent crackdowns, during this financial crisis, many people haven’t been paying attention.
Though for many queer and transgender Turks, post-Sept. 12 life has been radically different.
“I stopped doing drag in order to protect myself, and many queer performance artist friends of mine have also given up this part of their lives,” said one source who asked the Blade to remain anonymous.
“Everybody is not scared, but they simply bring their fear with them to the march and march courageously, because they believe they are on the right side of history,” they added. “However, I think it is important that people in Turkey are not represented only through their experiences of victimization. There should also be spaces where artists, activists, journalists, and other queer people can express themselves in their own words.”
The justification for this crackdown has been preserving “traditional family and conservative values.” The Turkish government has persecuted these offenses with raids, trials, and arrests that have gone beyond just the LGBTQ community. It targeted last year musicians, performers, and artists whom they deemed obscene or offensive.
In September 2025, the K-pop-inspired girl band Manifest was investigated for three months. Footage from their shows was banned from the internet, and the remainder of their tour was canceled. All seven members of the group faced 3 1/2 months prison sentences before the charges were ultimately dropped.
“I believe there is no pride for only some of us. Governments that attack LGBTQ+ rights learn from each other.” Yildiz tells the Blade, “Erdoğan borrows from Putin’s playbook, and parts of the Western right eagerly adopt the same rhetoric. This is a call for our community to see how important international solidarity is. People show up every single year for the Pride March, even though they know the police are going to attack. What I see in our community is pure courage.”
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