News
Nevada AG invokes bigamy, incest to defend marriage ban
State interest is ‘to protect and perpetuate traditional marriage’
Nevada Attorney General Catherine Cortez Masto. (Photo public domain)
Ask the attorney general of Nevada about the definition of marriage, and she’ll tell you it doesn’t include the union of a same-sex couple. But in the same breath, she’ll tell you it also doesn’t include incest or bigamy either.
In a 55-page brief filed on Tuesday, Nevada Attorney General Catherine Cortez Masto urges the U.S. Ninth Circuit Court of Appeals to uphold the state’s constitutional ban on same-sex marriage on the basis that it reflects the will of the people.
“The interest of the State in defining marriage in this manner is motivated by the state’s desire to protect and perpetuate traditional marriage,” Masto writes. “In establishing this criterion and others — e.g., age, consanguinity, unmarried status, etc. — the state exercises its prerogative as a State, and that exercise is entitled to respect.”
But in a section titled “Marriage Defined” explaining “what marriage is” and “what marriage is not,” Masto reminds the court that in addition to not being for same-sex couples under Nevada law, marriage is also not for those engaging in bigamy or incest.
The invocation of bigamy and incest in Nevada’s brief before the Ninth Circuit recalls the first legal brief the Obama administration filed in support of the Defense of Marriage Act when it was still defending the law in court. That brief invoked bigamy and pedophilia to assert the constitutionality of the ban on federal recognition of same-sex marriage, which riled LGBT advocates.
Evan Wolfson, president of Freedom to Marry, took Masto to task for making an implicit comparison between same-sex marriage and bigamy or incest while saying she makes no solid argument against allowing gay nuptials in Nevada.
“Marriage is not ‘defined’ by who is denied it, and nothing in the brief explains why loving and committed couples of the same sex should be denied the legal commitment and bundle of obligations and protections that are available to different-sex couples,” Wolfson said. “To invoke bigamy and incest, as the attorney general does — at least she stopped short of bestiality! — doesn’t supply an explanation; it makes clear that the state has nothing to offer to justify the discrimination against same-sex couples in Nevada.
But Wolfson said he concurs with another argument within the attorney general’s brief: domestic partnerships, which are permitted under Nevada law, aren’t equivalent to and don’t provide a substitute for marriage.
The brief was filed in the case of Sevcik v. Sandoval, a challenge filed by Lambda Legal against Nevada’s ban on same-sex marriage in 2012.
Jon Davidson, Lambda’s legal director, said “of course, we find any such comparison objectionable” between same-sex marriage and bigamy or incest. The organization is slated to file its formal response to the attorney general’s brief next month.
Masto is a Democrat and has served in the role of attorney general for Nevada since 2007. Other Democrats holding the office in other states — most recently Virginia Attorney General Mark Herring — have elected not to defend marriage bans in the state on the basis that they’re unconstitutional.
Notably, Masto argues at length that the Ninth Circuit shouldn’t apply heightened scrutiny, or a greater assumption a law is unconstitutional, to the ban on same-sex marriage. That argument is somewhat dated after the Ninth Circuit on Tuesday applied heightened scrutiny in ruling that a juror cannot be excluded from a trial based on sexual orientation — a decision that will have precedent in the marriage case.
“Under an objective application of due process and equal protection analyses, there is no basis for heightened review of the State’s purpose in defining marriage by its traditional meaning,” Masto writes. “There exists neither fundamental right, nor suspect or quasi- suspect class, justifying a different standard of review.”
But the invocation of bigamy and incest isn’t the only part of the brief that is raising concerns among LGBT advocates.
Responding to the various friend-of-the-court briefs filed in the case on behalf of same-sex marriage, Masto takes issue with the way some say marriage is about children and others say it isn’t.
“There is some irony in the inconsistency in certain arguments made by amici,” Masto writes. “A brief by the Family Equality Council, et al., posits that the policy issue is primarily about children, presenting ‘testimonials from the children raised in such families [those with same-sex parents].’ In a separate brief, Family Law Professors (who are ‘scholars of family law’) argue that marriage is not about children.”
Masto concludes these divergent views on the role of children in marriage serve to “reinforce the conclusion that the state’s legislature is the democratic crucible where the issues should be debated and decided.”
Emily Hecht-McGowan, the Family Equality Council’s director of public policy, slammed the attorney general for her interpretation of its brief in favor of marriage equality.
“The Attorney General is missing the primary point of our Voices of Children brief, which is not that marriage is primarily about children but rather that the denial of marriage equality fundamentally harms children being raised by same-sex couples by rendering them and their families second-class citizens,” Hecht-McGowan said. “We trust that the Justices reading our brief and hearing oral arguments will reach the same conclusion that Justice Kennedy reached in his majority opinion in U.S. v. Windsor — that laws denying marriage recognition to same-sex couples ‘humiliate children’ and are a violation of equal protection under the law.”
Rehoboth Beach
SUNFESTIVAL takes center stage as Rehoboth Beach closes out summer
Labor Day Weekend bustling with events, including David Archuleta performance
Labor Day Weekend marks the unofficial end of summer in Rehoboth Beach, but there will be no shortage of LGBTQ events, with CAMP Rehoboth’s annual SUNFESTIVAL taking over town this weekend.
Thursday (9/3)
Get your Labor Day Weekend started early Thursday night with happy hour from 5-7 p.m. at Diego’s Bar & Nightclub, followed by Naughtee Bingo hosted by Magnolia Applebottom at 8:30 p.m.
After bingo, the party continues with Dancing at Diego’s from 9 p.m. to 1:30 a.m.
Aqua Bar & Grill will also kick off its Labor Day Weekend festivities Thursday with a DJ spinning from 9 p.m.-1 a.m.
Friday (9/4)
The weekend ramps up Friday night at Aqua, where DJ Matt Bailer will keep the dance floor moving from 9 p.m.-1 a.m.
Over at Diego’s, DJ Steve Sidewalk will then take over Diego’s for Freedom Friday from 9 p.m.-1:30 a.m.
Saturday (9/5)
The main event of the weekend arrives Saturday with the opening night of CAMP Rehoboth’s SUNFESTIVAL.
Billed as the ultimate party to close out the summer, SUNFESTIVAL has become one of Rehoboth’s signature Labor Day Weekend events. The annual celebration sells out each year, with proceeds benefiting CAMP Rehoboth.
Doors open at 6:30 p.m. with refreshments available at the cash bar while attendees are invited to socialize and find their seats.
Saturday night will feature local singer Ashley Williams as the opening performer, followed by headliner David Archuleta. The event will also feature a live auction.
Back across town Saturday, Aqua will continue its Labor Day Weekend DJ lineup from 9 p.m. to 1 a.m.
Diego’s will also have plenty happening, with ‘Splash Party’ hosted by Magnolia Applebottom at 5 p.m., followed by a Saturday Dance Party with Brett Oosterhaus from 9 p.m.- 1:30 a.m.
The Blue Moon hosts its popular Legends Show at 9 p.m. It’s an all-live singing show by the Blue Moon cast of celebrity impersonators.
Etienne Pilon has taken Rehoboth by storm this summer. Check out the talented singer/pianist at The Pines from 7-10 p.m.
Sunday (9/6)
Sunday’s SUNFESTIVAL event will shift the focus to the dance floor, with globally renowned DJs Robbie Leslie and James Anthony scheduled to perform. Doors open at 7 p.m., with dancing continuing until 1 a.m.
On Sunday, Aqua will throw its annual White Party, with DJs spinning from 9 p.m.-1 a.m. Guests are encouraged to dress in white for the holiday weekend celebration.
Diego’s will host its Sunday High T-Dance with Pamala Stanley at 5 p.m. Later that evening, DJ Tannr will be spinning at 9 p.m.
John Flynn is on the piano from 6-8 p.m. at the Blue Moon.
Monday (9/7)
The final day of Labor Day Weekend brings one last chance to hit the dance floor before summer officially winds down.
Aqua will close out its five-day Labor Day Weekend celebration with DJ Biff from 3-7 p.m.
Maryland
Anne Arundel schools now need parent permission to call trans students by preferred names
Conservative groups challenged system’s policy
By JESSICA CALEFATI | Anne Arundel County Public Schools staff cannot use transgender students’ preferred names if their parents oppose it, according to an internal document reviewed by the Banner, a change that comes after conservative groups challenged the school system’s approach to gender identity.
Teachers union president Kristina Korona told members in an Aug. 20 email that the new guidance undermines district policy on acceptance and inclusivity and “will begin harming affected students immediately.”
Previously, the district didn’t require parental permission to use a high school student’s chosen name and pronouns corresponding to their gender identity, the internal document says. Now it does. The change comes as parents challenge the suburban school system’s gender identity policy and regulation in court and the Trump-Vance administration threatens the district’s funding.
The rest of this article can be found on the Baltimore Banner’s website.
Arizona
Shooting outside gay bar in Ariz. leaves three dead
Tucson police investigating double murder-suicide as a hate crime
Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.
Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.
The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.
Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.
Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.
Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.
“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”
According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.
Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.
“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”
“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”
Other federal lawmakers also condemned the shooting.
The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.
“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”
The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.
“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”
A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.
SUNFESTIVAL takes center stage as Rehoboth Beach closes out summer
Anne Arundel schools now need parent permission to call trans students by preferred names
Shooting outside gay bar in Ariz. leaves three dead
‘People don’t see me. They see a trend’
Gay men linked to 2006 Wone murder failing to make lawsuit settlement payment
San Francisco, long a queer safe haven, remains competitive for homebuyers
Trans, nonbinary Americans find refuge in the Netherlands
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