News
Gay juror decision bodes well for marriage cases: experts
Ninth Circuit applies heightened scrutiny to laws related to sexual orientation
The Ninth Circuit Court of Appeals applied heightened scrutiny in ruling against discrimination against gay jurors (image via wikimedia).
A ruling handed down by a federal appeals court on Tuesday in favor of LGBT non-discrimination in jury selection bodes well for the success of marriage equality litigation, according to legal experts who spoke to the Washington Blade.
Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the decision is important in and of itself, but also because of its impact on the case pending before the same court against Nevada’s ban on same-sex marriage.
“The ruling will make it even more difficult for Nevada’s marriage law to withstand the current challenge to it because heightened scrutiny means that the government will have to identify an ‘important’ state interest if it wants to continue to exclude gay and lesbian couples from marriage,” Goldberg said.
On Tuesday, a three-judge panel on the U.S. Ninth Circuit Court of Appeals determined the trial judge erred in allowing one litigant to remove a juror because of his sexual orientation, remanding the case for a new trial.
The case — Glaxo Smith Kline v. Abbott Laboratories — is the result of antitrust, contracts and business tort claims filed against the company for quadrupling the price of its protease inhibitor booster drug used by people with HIV. During jury selection, Abbott used its first peremptory challenge to strike a prospective juror after learning he was gay.
Writing for the majority, U.S. District Judge Roy Reinhardt ruled that Abbott “unconstitutionally used a peremptory strike” to exclude Juror B from the case because of his sexual orientation, but goes further by saying the court must apply heightened scrutiny in its ruling in the wake of the U.S. Supreme Court decision against the Defense of Marriage Act.
“Windsor requires that when state action discriminates on the basis of sexual orientation, we must examine its actual purposes and carefully consider the resulting inequality to ensure that our most fundamental institutions neither send nor reinforce messages of stigma or second-class status,” Reinhardt writes. “In short, Windsor requires heightened scrutiny.”
It’s not the first time that an appellate court has applied heightened scrutiny, or a greater assumption a law is unconstitutional, when considering a case related to sexual orientation. The U.S. Second Circuit Court of Appeals applied that standard when ruling in favor of Edith Windsor in her case against DOMA before that lawsuit came before the Supreme Court.
Several federal district courts have made similar rulings, as have the state high courts of California, Iowa, Connecticut and New Mexico. The view that laws related to sexual orientation should be subject to heightened scrutiny is also shared by the Obama administration.
But the decision in the Ninth Circuit is significant because it creates precedent within that jurisdiction to apply heightened scrutiny in the numerous cases before it involving gay people and may encourage courts outside the circuit to do the same.
Doug NeJaime, a law professor at the University of California, Irvine, said the court application of heightened scrutiny to its decision “is very significant.”
“This Ninth Circuit ruling will likely encourage other courts to engage with the issue of whether Windsor suggests some heightened form of scrutiny,” NeJaime said. “More concretely, it will directly influence the challenge to Nevada’s marriage law currently before the Ninth Circuit; whether sexual orientation merits heightened scrutiny for federal equal protection purposes has been an issue throughout that case, and the district court had decided that it did not.”
Still, NeJaime said the Ninth Circuit’s decision to draw on the DOMA decision to apply heightened scrutiny “will likely be proven controversial” because U.S. Associate Justice Anthony Kennedy never explicitly invoked the level of scrutiny in his ruling.
The high-profile case involving sexual orientation before the Ninth Circuit is Sevick v. Sandoval, the challenge filed by Lambda Legal against Nevada’s ban on same-sex marriage.
Jon Davidson, Lambda’s legal director, said the ruling will have “a very significant impact” on the court’s examination of the Nevada marriage case.
“The Ninth Circuit’s ruling that sexual orientation discrimination must be given heightened scrutiny is further proof of the progress we are making in convincing courts that the Constitution affords LGBT people meaningful protections against government-imposed inequality,” Davidson said.
Opponents of the case, known as the Coalition for the Protection of Marriage, filed their brief before the Ninth Circuit on the same day as the jury selection ruling, arguing in an untimely manner that “there is no legal or factual basis for deploying ‘heightened scrutiny’ in this case.”
But the Nevada marriage case isn’t the only lawsuit pending before the Ninth Circuit. Other cases in the jurisdiction are the recently filed challenge against Arizona’s ban on same-sex marriage and the case against Oregon’s ban, which is currently before gay U.S. District Judge Michael McShane.
Additionally, the challenge against the Arizona law signed by Gov. Jan Brewer rescinding domestic partner benefits for gay state employees is also before the Ninth Circuit. The court’s use of heightened scrutiny in the juror case could influence the decision in any of these cases.
Davidson added the application of heightened scrutiny in the juror case also has implications on gay government workers seeking relief if they feel they’ve faced discrimination on the job.
“If any federal, state, or local government agency or official in any of the nine states in the Ninth Circuit discriminates against someone based on their sexual orientation, they will have the burden of demonstrating that their action substantially furthers an important and legitimate government goal,” Davidson said. “They will not be able to rely on hypothetical or after the fact justifications.”
Despite the celebration over the standard of review in the case, LGBT advocates are also celebrating the ruling in its own right for establishing non-discrimination against gay people in the juror selection process.
D’Arcy Kemnitz, executive director of the National LGBT Bar Association, commended the Ninth Circuit.
“Jury service is a fundamental civic duty,” Kemnitz said. “LGBT people are proud to serve the courts when summoned. While some might jest at jury duty, in fact the courts demand through a subpoena that a person suspends their usual daily activity to be part of the rule of law.”
Legislation known as the Jury ACCESS Act, which would institute a rule of non-discrimination for gay jurors in federal courts, is also pending before Congress. Last year, it was incorporated into the Senate version of the fiscal year 2014 financial services appropriations bill, but it’s technically no longer pending because Congress passed omnibus spending legislation instead.
Sen. Jeanne Shaheen (D-N.H.), chief sponsor of the legislation, commended the Ninth Circuit for issuing the ruling, but said more action is needed from Congress.
“There is no place for discrimination in our judicial system, and it should be the right and obligation of every citizen to sit on a jury,” Shaheen said. “The appellate court’s ruling is an important step, but I will continue working to make sure no American can be excluded from this important civil responsibility on the basis of their sexual orientation or gender identity.”
National
Inside the lonely world of MAGA gay men
Pushback against community members who support Trump is not unusual
Uncloseted Media published this article on April 18.
This story was written in partnership with Gay Times Magazine.
By EMMA PAIDRA | When Evan decided it was time to tell his boyfriend that he voted for Trump, he couldn’t get the words out. “I was stuttering for 20 minutes straight on the phone,” he told Uncloseted Media and GAY TIMES.
Once he finally worked up the courage, he was met with pushback: “He made fun of me. … He called me a racist and a white supremacist,” says Evan, a 21-year-old math major who lives in Long Island, N.Y.
That pushback isn’t unusual: According to a 2023 Pew Research Center survey, 83 percent of queer men typically vote Democrat. One key reason gay men swing left in 2026 is because of the Trump administration and MAGA-aligned politicians’ track record on LGBTQ issues. Since the start of Trump’s second term, his administration has terminated more than $1 billion worth of grants to HIV-related research, removed the Pride flag from the Stonewall National Monument and shut down the LGBTQ-specific option on the 988 youth suicide hotline.
Because of this, many of the fewer than one in five LGBTQ men who cast their ballot for Trump in 2024 face judgment for their political affiliation.
“People think that I hate myself for being gay, and that I’m a gay traitor. … I wish there were more gay conservatives or moderates,” says Evan, who requested to use a pseudonym due to fears over retaliation for his political views.
Navigating dating and relationships as a gay Trumper
Nick Duncan, 43, can relate to Evan’s fears about being an open Trump supporter: “I mostly get hatred. I’ve never lost a conservative friend because I’m gay, but I’ve lost all of my gay friends because I’m conservative,” says Duncan, a hospitality executive who lives in Miami. “I’ve divorced myself from what I refer to as the Alphabet Mafia.”
Duncan says he feels so unwelcome by the LGBTQ community that he’s hesitant to attend certain queer events. “Nowadays, I would never go to a Pride event,” Duncan told Uncloseted Media and GAY TIMES. “I don’t feel that I would be safe.”
Despite these concerns, Duncan doesn’t hide his political views when looking for love. “I’m in a long-term relationship now, and when I have been on the dating market, I’m very open and upfront about [my political views]. So I think it just weeds out most people who would have an issue.”
For Evan, political differences have been a source of tension in his relationship even before he told his boyfriend who he voted for. “When I first met him, he asked me if I liked Trump. … He was kind of scaring me. So I said, ‘I don’t know,’” Evan recalls. “He said, ‘Good answer, because if you said yes, I couldn’t even talk to you.’”
Since revealing his conservative identity, Evan has had multiple arguments with his boyfriend about politics. “This guy, who I’ve been dating for almost a year, he’s way too far left. … The first proof is he thinks there’s more than two genders,” says Evan. “I tried telling him there were only two genders, and he got mad at me.”
Though Evan believes there are only two genders, research suggests that gender is a spectrum allowing for multiple gender identities.
Proud gay Trump supporters
According to a 2025 report from Pew Research Center, 71 percent of LGBTQ adults view the Republican Party as unfriendly towards LGBTQ Americans. Duncan thinks these critiques are unreasonable: “The Republican Party is not nearly as anti-gay as [leftists] believe,” he says. “The Trump administration has plenty of openly gay people in the administration, and Trump actually supported gay marriage before it was cool.”
Gay members of the Trump administration include Treasury Secretary Scott Bessent, as well as Tony Fabrizio, a pollster and strategist. Additionally, Trump did tell the Advocate in a 2000 interview that though “the institution of marriage should be between a man and a woman,” he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
But since then, Trump has appointed Supreme Court Justices who have denounced marriage equality and Cabinet members with anti-LGBTQ track records, including Pete Hegseth, Marco Rubio, and Pam Bondi.
Duncan says part of the reason he isn’t worried about Trump’s anti-LGBTQ track record is because he doesn’t view being gay as the most important part of his identity: “The most important part of who I am is as a father.”
Duncan is not alone: A 2020 report from the UCLA Williams Institute School of Law found that Republican lesbian, gay, and bisexual people are more likely to feel connected to other parts of their identities than their sexual orientations.
Evan doesn’t identify with the community at large and does not like to be referred to as “LGBTQ” or “queer.”
“I realized I’m normal. I’m not LGBTQ,” he says. “I’m just gay.”
Evan’s desire to be seen as “normal” rings of Vice President JD Vance’s 2024 comments on Joe Rogan’s podcast, where he said Trump could win the “normal gay” vote. During this same interview, Vance suggested that parents of genderqueer children use their children’s identities as a rejection of having white privilege. Vance received significant backlash for these comments, with the Human Rights Campaign responding to the vice president’s remarks over X.
Some gay Republicans see the GOP as more friendly
For Chris Doane, 56, voting Republican is the only choice that makes sense, as he believes voting for a Democrat goes directly against his interests as a queer man. “Conservatives don’t want to murder gays. They want them saved,” he says. “Muslims vote Democrat, because if the Democrats win, they get to stay [in the U.S.], they get to take power, and they will murder gays brutally with a smile on their face,” says Doane.
Doane’s comments are unfounded and display racist stereotypes peddled by far-right American media: One study from the Brennan Center for Justice compiled data from 1984 to 2020 and found that racial resentment is more prevalent on the right than on the left.
Doane was raised in a conservative family in Bryan, Texas, and isn’t out to his family because he fears that they won’t accept him. For him, voting Republican is part of his heritage. “I was told, ‘Don’t ever let Democrats in control. They’ll ruin our country,’” he says. “That’s pretty much what they did, and that’s why President Trump is working overtime to straighten it all back out.”
Trans rights and gay Republican men
Though Doane and other gay Republicans hold a range of views, a common thread is a hesitancy around trans rights. So, they align more with the Trump administration, which has railed against the trans community with Trump’s policies and rhetoric.
For example, Doane sees being able to transition as a matter of personal freedom but thinks gender-affirming care for trans kids is a step too far.
“When it comes to transgender, I have nothing against that. I just believe that when you make that transition, it should be at a point where your brain is fully developed … and you’re actually going to enjoy that transition,” he says.
He also holds the view that for a trans person to be accepted as their correct gender, they must fully physically transition. “If you’re gonna transgender, transgender all the way. If you’ve still got male parts on you, you don’t belong in the women’s dress room.” However, research suggests otherwise, with a 2025 study indicating that policing bathroom access can lead to mental distress in trans youth.
Duncan has his own doubts.
“I disagree with the integration of gender ideology and radical wokeism into the LGBT community. You are free to live under any delusion you so desire. You’re not free to require me to live under your delusion as well,” he says. “But if somebody wants to live as a man or a woman, however it is, I firmly believe they have the right to do that. I would never get in the way of it.”
Duncan also believes that education about LGBTQ people should be limited in schools. He sees adolescence as a fundamentally confusing time, and believes an education about LGBTQ communities would “add on layers of confusion.” This belief seems to be in line with Gov. Ron DeSantis’ 2022 “Don’t Say Gay” bill, which has banned education on gender identity and sexual orientation in Florida’s classrooms from pre-kindergarten until the end of eighth grade, though there are exceptions for health lessons.
“It’s okay to tell kids that some boys like boys, some girls like girls, some people like both. But it just needs to be kept vague and general,” Duncan says. “However you are is okay. We don’t need to expose children to gay media because if you’re gay, you’re going to know.”
Duncan does not believe heteronormative bias in mainstream media is a problem, though a study published in Equity & Excellence in Education found heteronormative biases in schools may harm queer students. “The vast majority of people are heterosexual, and a functioning society is built on a heteronormative bias,” he says. “It is important to understand that we are the extreme minority and society is not responsible for conforming to us.”
They approve of Trump and don’t see him as a threat
While LGBTQ Americans see the Republican party as unfriendly towards queer people, Duncan and Doane aren’t worried about being stripped of their rights. Duncan says the 2015 passage of gay marriage solidified his equal rights. “We have marriage as gay men. I have every right that a straight man does,” he says.
Doane also feels that his rights are secure under Trump 2.0 and approves of the president so far. “I voted for that great, big, beautiful wall because we were being overrun by illegals,” he says. Doane also approves of U.S. interventions in Iran and Venezuela, though he criticizes Trump for “leaving [Venezuela] way too soon.”
Similarly, Duncan is generally approving of Trump’s handling of immigration. “I don’t love what we’re doing as far as deportations, but we had to get some control over the illegal population,” says Duncan. “I wish there was another way, but I can’t think of it.”
Duncan and Doane are certainly in the minority as queer men who approve of Trump, but as far as they’re concerned, Trump is delivering on his promises. “Overall, I’m happy,” says Duncan. “I’m getting pretty much exactly what I voted for.”
Editor’s note: An earlier version of this article stated that Trump told the Advocate in 2000 that legalizing gay marriage was “only fair.” That was incorrect. He told the publication that he thinks amending the Civil Rights Act to grant the same protection to gay people that we give to other Americans is “only fair.”
District of Columbia
Judge rescinds stay-away order in Capital Pride anti-stalking case
Evidence hearing to determine if order should be reinstated against Darren Pasha
A D.C. Superior Court judge on April 17 rescinded an anti-stalking order he approved in February at the request of Capital Pride Alliance against local LGBTQ activist Darren Pasha.
In a ruling at a court status hearing, Judge Robert D. Okum agreed with defendant Darren Pasha’s stated concern that the initial order was too broad and did not specify who specifically he must stay at least 100 feet away from, as called for in the order.
Okum ruled on April 17 that the initial order, which he noted was oral rather than written, would be suspended until an evidentiary hearing takes place in which Capital Pride will need to present evidence justifying the need for such an order.
“I’m fine with scheduling a hearing at which the plaintiff can present evidence, and the defendant can present evidence,” Okum said. “But I’m not fine with just continuing this oral TRO [Temporary Restraining Order] that Mr. Pasha really doesn’t even have notice of. That seems unfair,” he said.
After asking both Pasha and Capital Pride Alliance Attorney Nick Harrison when they would be available for the evidence hearing, Okum set the date for April 27 at 11 a.m. in Superior Court.
The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.
The complaint was accompanied by a separate motion seeking a restraining order, preliminary injunction, and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”
In his initial ruling in February, Okum issued an order requiring Pasha to stay at least 100 feet away from Capital Pride staff, board members, and volunteers until the April 17 status hearing. He reduced the stay-away distance from the 200 yards requested by Capital Pride.
Pasha, who has so far represented himself in court without an attorney, has argued in multiple court filings and motions that the Capital Pride stalking allegations are untrue. In his initial 16-page response to the complaint, Pasha said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.
“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha’s court response states.
At the April 17 hearing, Okum also ruled that, as standard procedure for civil complaints such as this one, he has ordered both parties to enter into court-supervised mediation to attempt to reach a settlement rather than go to trial.
In an earlier ruling Okum denied Pasha’s request for a jury trial, stating that civil cases such as this must undergo a trial with the judge determining the verdict under existing civil court statutes.
The April 17 court hearing was held in a courtroom at the courthouse, but as allowed under current court rules, Capital Pride attorney Harrison and Capital Pride official June Crenshaw participated virtually through a video connection. Pasha attended the hearing in the courtroom.
“This matter is proceeding through the court in the normal course,” Capital Pride released in a statement. “We look forward to presenting the relevant evidence at the scheduled hearing. Capital Pride Alliance remains committed to maintaining a safe and respectful environment for our staff, volunteers, and community, and to addressing concerns through appropriate channels.”
“This is clearly a case of retaliation,” Pasha told the Blade after the hearing. “Today the judge removed the stay-away order and asked Capital Pride Alliance to present enough evidence and examples to see if a stay-away order should be granted,” he said. “Because Pride is coming up in June, we need to see where this is going.”
National
LGBTQ Catholic groups slam Trump over pope criticism
‘Moral truth and compassion always overcome ignorant hate’
LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.
Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)
Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”
Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.
“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.
Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”
“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”
DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.”
“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”
Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.
“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”
Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.
“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”
“It’s such an imperialistic world view,” she added.
Leo ‘is the real peacemaker’
The College of Cardinals last May elected Leo to succeed Pope Francis after his death.
Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.
Francis made him a cardinal in 2023.
Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.
“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”
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