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Nevada AG invokes bigamy, incest to defend marriage ban

State interest is ‘to protect and perpetuate traditional marriage’

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Nevada, Catherine Cortez Masto, gay news, Washington Blade
Nevada, Catherine Cortez Masto, gay news, Washington Blade

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 stateā€™s desire to protect and perpetuate traditional marriage,” Masto writes. “In establishing this criterion and others ā€” e.g., age, consanguinity, unmarried status, etc. ā€” 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.

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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 ā€” at least she stopped short of bestiality! ā€” 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 Nevadaā€™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 ā€” most recently Virginia Attorney General Mark Herring ā€” 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 ā€” 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 Stateā€™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 briefsĀ 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 stateā€™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 ā€” that laws denying marriage recognition to same-sex couples ‘humiliate children’ and are a violation of equal protection under the law.”

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Israel

Murdered Israeli hostage’s cousin describes family’s pain

Carmel Gat killed in the Gaza Strip in late August

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A poster with Carmel Gat's face on it inside a replica of a tunnel in the Gaza Strip that was built in Hostage Square in Tel Aviv, Israel. Hamas militants on Oct. 7, 2023, kidnapped Gat from Be'eri, a kibbutz near the Gaza border. They killed her and five other hostages in late August. (Washington Blade photo by Michael K. Lavers)

TEL AVIV, Israel ā€” Carmel Gat on Oct. 6, 2023, traveled to Be’eri, a kibbutz near the border of Israel and the Gaza Strip where she grew up, to celebrate the Jewish holiday of Simchat Torah with her parents, brothers, and extended family.

Gat and her brother, Alon Gat, planned to go for a run at around 6:30 a.m. the next morning.

“At 6:29, the bombing and the alarms started and the whole family went into the safe room,” her cousin, Shay Dickmann, told the Washington Blade on Monday. “We have this last picture of Carmel with her running clothes on, in which she was later kidnapped, reading a book to Geffen (her young niece.)”

“It is just typically Carmel in this moment of distress when there are rockets around, the rumors start running that there are terrorists inside the kibbutz, she just had the inner power and stability to take care of others and help her niece, her 3 and 1/2 year old niece, try and calm her down,” said Dickmann.

Dickmann said Gat’s mother, Kinneret Gat, left the safe room at about 10:30 a.m. to get some food and water. Her father, Eshel Gat, went to the bathroom.

Dickmann said Kinneret Gat saw Hamas militants from her kitchen window.

“The last thing she managed to do was to warn her husband, Eshel, from the terrorists and shush him with her finger on her lips and she signaled him to go back to the toilet and hide himself,” recalled Dickmann. “She didn’t know at that point she saved his life.” 

Dickmann said the bathroom in which Eshel Gat was hiding was the one room in the house the militants did not search.

“He was safe, but from the window of the toilet he saw his family taken one-by-one by the terrorists,” Dickmann told the Blade.

She said the last time Eshel Gat saw his wife she was bending down in the kitchen, “and she was the first to be taken by the terrorists.”

“They came into the kitchen, and they took her,” she said. “They tied her hands and walked her through her own kibbutz barefoot with a bunch of people from Kibbutz Be’eri.”

The militants then put Carmel Gat in a car with two teenagers who were brother and sister.

“The car was moving, driving through the point where Carmel saw her mother lying down on the sidewalk, her head shot and she realized that she saw her mother dead and this is the last thing that Carmel saw when she was taken hostage into Gaza, her beloved one dead,” said Dickmann.

She said her cousin did not know what happened to the rest of her family: Her father, her two brothers, her sister-in-law, Yarden Roman-Gat, and her niece Geffen. Her younger brother, Or Gat, had already left the kibbutz.

The Blade has previously reported the militants placed Roman-Gat, Alon Gat, and their daughter into a car.

Roman-Gat and Alon Gat jumped out of it with their daughter as it approached Gaza. Roman-Gat handed her daughter to her husband because he was able to run faster.

Alon Gat hid with his daughter for 18 hours before they reached Israel Defense Forces soldiers at Be’eri. He told Gili Roman, his brother-in-law who lives in Tel Aviv and is a member of the Nemos LGBTQ+ Swimming Club, he last saw his wife, Roman’s sister, hiding behind a tree to protect herself from the militants who were shooting at her.

“My brother saw a video on Telegram of Kinneret lying down on the sidewalk with a pool of blood next to her head, said Dickmann, recounting how she and her family learned the militants had murdered Kinneret Gat.

“We started looking for Carmel and for Yarden and for 50 days we didn’t know anything about them,” added Dickmann. “Just imagine we were worried sick and not even knowing if their body might be found here or were they kidnapped alive.”

Hamas on the second day of a week-long ceasefire in November released the two teenagers who had been kidnapped alongside Carmel Gat.

“It was amazing to see how 13 children and women are coming back to us and their families, and they were among them,” said Dickmann. “Unfortunately they discovered that their mother was murdered and at the time they were informed that their father was kidnapped. Today we know that their father was murdered as well. They are orphans.”

The teenagers confirmed that Carmel Gat was alive.

“Carmel was with them since the moment that they were put into the car taking them into Gaza and until the moment they were released and they say she was their guardian angel,” Dickmann told the Blade. “She was just keeping them sane in captivity, supporting them. She was handling a diary, writing down songs and sentences to bring their spirits up and she was practicing yoga with them in captivity.” 

“This was the most amazing thing that we learned, just having that inner power in this situation. We know that they were starved. We know that they experienced violence there, that they were held in an apartment, in a baby’s room, having to lay on the floor, given one pita bread a day they had to share, and being held against their will, far from their families, not knowing if they are alive or not, but she had the powers to give to others and knowing that Carmel is there, being Carmel, choosing to live, it gave so much hope, and to this hope we were holding on, day-by-day, in the hope that the next day she would be on the list of people realized.”

Hamas on Nov. 29, 2023, released Roman-Gat, along with 11 other Israelis and four Thai nationals. She reunited with her family a short-time later at an Israeli hospital.

“On the fourth day Yarden came back,” said Dickmann. “I can’t even describe the feeling.”

From left: Gili Roman celebrates Hanukkah with his niece, Geffen, and his sister, Yarden Roman-Gat, after Hamas released her from captivity in the Gaza Strip. (Photo courtesy of Gili Roman)

Hamas was supposed to release Carmel Gat on the eighth day of the ceasefire, but it only lasted seven days.

“Carmel was supposed to be freed on the eighth (day), and she wasn’t, and she was left behind,” Dickmann said. “For us it was devastating, but we also knew that Carmel is holding on to hope, and we were holding on to her hope and we did it in her way.”Ā 

Carmel Gat’s family every Friday practiced yoga, “inspired by her, and giving power to others.” They invited other hostage families to speak about a loved one who was in Gaza.

“We did it for weeks, week after week, 40 weeks, that we spoke about the hope, that we were holding the hope, that she was surviving there, waiting for this moment, for the deal that will free her,” said Dickmann.

The Israeli government on Sept. 1 announced Hamas had killed Carmel Gat and five other hostages ā€” Hersh Goldberg-Polin, Ori Danino, Alexander Lobanov, Almog Sarusi, and Eden Yerushalmi ā€” in a tunnel beneath Rafah, a city in southern Gaza that borders Egypt. The hostages “were shot at close range” by militants on Aug. 29 or Aug. 30 before the IDF could rescue them. 

“Carmel survived for 328 days,” Dickmann told the Blade. “She survived, until the day that she was brutally executed by her captors. She survived everything. She survived the tunnels.” 

Carmel Gat in a Hamas video. Militants killed her and five other hostages in the Gaza Strip in late August. (Screenshot)

Dickmann said she and her family received a video that showed where the militants killed Carmel Gat and the five other hostages.

“The conditions were horrible,” said Dickmann. “They were 20 meters underground, suffocating, moist. It was moldy. They had very little food. The six bodies were found thin and starved.” 

The video also showed bottles filled with urine and blood alongside the tunnels. Dickmann said the bodies also showed signs they had been tied up.

“She survived it all, but she couldn’t survive the bullet in her head, and her life was finished in a tunnel, shot, 328 days from her mother’s same destiny, but Carmel we could save, for 328 days we could save her,” said Dickmann. “We could have made a deal that could have brought her back home alive.”

Dickmann also told the Blade she “could also imagine” her cousin, who was an occupational therapist, helping Goldberg-Polin, who lost part of his arm when militants attacked him after he fled the Nova Music Festival in Re’im, another kibbutz that is near Gaza. She was also “imaging her having conversations” with Lobanov about what to name his second son to whom his wife had given birth while he was in Gaza.

“She believed in the possibility to live here with our neighbors,” said Dickmann, who added her cousin and Kinneret Gat were also studying Arabic. 

“There are so many people still alive there surviving, waiting for us to make the deal that will save them,” she said. “There are so many families who can still get this hug, the hug that I was waiting for and I’ll never get.”

Hamas, Hezbollah, Houthis launch rockets, missiles towards Israel on Oct. 7 anniversary

The Blade spoke with Dickmann hours after she and her family attended the Bereaved Families Memorial Ceremony in Tel Aviv’s Yarkon Park that marked a year since Oct. 7.

Organizers had originally allocated 40,000 free tickets for the event, but only 2,000 family members and reporters attended because the IDF Home Front Command had limited the number of people who could attend large gatherings because of increased threats of rockets and missiles from Hamas and Hezbollah, a Lebanon-based militant group.

A ballistic missile that Houthi rebels in Yemen launched towards Israel prompted sirens to go off in Tel Aviv and surrounding areas, but the country’s air defense system intercepted, less than hour before the event began.

Hezbollah a few hours later launched five ballistic missiles from Lebanon towards an IDF base north of Tel Aviv. The Iron Dome air defense system intercepted them. It also intercepted four of the five rockets that Hamas launched towards Tel Aviv ā€” shrapnel from one of them that struck the ground slightly injured two women.

Or Gat is among those who spoke at the Bereaved Families Memorial Ceremony. 

Many of the hostage families refused to attend a government-organized memorial that Israeli televisions broadcast later on Monday.

Two men in Hostage Square in Tel Aviv, Israel, embrace while watching the Bereaved Families Memorial Service on Oct. 8, 2024. (Washington Blade photo by Michael K. Lavers)

Cousin was a ‘person of peace’

Dickmann told the Blade that while she was at the memorial she was “very concentrated on the struggle to bring back the hostages on time, understanding that it’s both critical in the manner that is life or death matter and it is also urgent, understanding that our people are held by their captors who at any time aim a gun at their heads.”

“They must be returned before they’re executed so, I was very concentrated on that,” she said. 

Dickmann also said the memorial ā€” and marking the first anniversary of Oct. 7 ā€” made her “understand there are thousands of families affected by Oct. 7.”

“On this day, so many youngsters were burned alive in their cars trying to run away from the Nova festival,” she said. “In the safe rooms there were so many couples of parents hiding their children in closets and underneath beds and shushing them in order to allow them to survive the attack on their houses and today I just realize there are … so many orphans left and so many stories of people who left everything behind, who left their whole families behind to come and try to save lives on this day of the attack. Some of them managed and rescued my uncle and some of them managed to save lives and lost their own.”

She also noted 101 hostages remain in Gaza.

“This is the most important thing and most urgent thing; to get back all of them to their houses and their families,” said Dickmann. “They deserve to be set free, and this is what I’m fighting for.”

She ended the interview by describing her cousin as a “person of peace.”

“We lost so much, on both sides of the border,” said Dickmann. “I’d really like this war to end; everybody to come back to their homes; the Palestinians to their homes with no one else getting hurt; residents of northern Israel going back to their houses and being safe and secure, residents of the South being able to go back to their houses and most of all the people being held hostage to come back, to safety, to their house, to their families and not ever being having to be worried about whether they will be separated from their parents or children or brothers and lives again.”

“I really hope that soon, as soon as possible, we will be able to reach a deal that will bring everybody home and bring peace upon us and we will be able to live alongside each other in peace,” she added.

From left: Shay Dickmann with her cousin, Carmel Gat, at the wedding of Alon Gat and Yarden Roman-Gat. Hamas militants on Oct. 7, 2023, kidnapped Gat and Roman-Gat from Be’eri, Israel. They released Roman-Gat in late November 2023. The militants killed Carmel Gat in late August. (Photo courtesy of Shay Dickmann)

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The White House

Karine Jean-Pierre becomes Biden’s fourth openly LGBTQ senior adviser

Press secretary’s promotion was reported on Monday

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White House Press Secretary Karine Jean-Pierre (Washington Blade photo by Christopher Kane)

Following White House Press Secretary Karine Jean-Pierre’s promotion to a top role on Monday, four of the 10 officials serving as senior advisers to President Joe Biden are openly LGBTQ.

The other LGBTQ members of the president’s innermost circle are White House Communications Director Ben LaBolt, senior adviser to first lady Jill Biden Anthony Bernal, and White House Director of Political Strategy and Outreach Emmy Ruiz.

Jean-Pierre became the first Black and the first LGBTQ White House press secretary in May 2022. She spoke with the Washington Blade for an exclusive interview last spring, shortly before the two-year anniversary of her appointment to that position.

“Jill and I have known and respected Karine a long time and she will be a strong voice speaking for me and this Administration,” Biden said in 2022 when announcing her as press secretary.

Breaking the news of Jean-Pierre’s promotion on Monday, ABC noted the power and influence of the White House communications and press office, given that LaBolt was appointed in August to succeed Anita Dunn when she left her role as senior adviser to the president.

As press secretary, Jean-Pierre has consistently advocated for the LGBTQ community ā€” pushing back forcefully on anti-LGBTQ legislation and reaffirming the president and vice president’s commitments to expanding rights and protections.

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Israel

Sounds of war

Life in Tel Aviv goes on despite escalating conflict

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Hilton Beach in Tel Aviv, Israel, on Oct. 5, 2024. (Washington Blade photo by Michael K. Lavers)

TEL AVIV, Israel ā€” I was sound asleep at 11 p.m. (4 p.m. ET) on Monday when Tzofar, an app that notifies users of incoming rockets, started to go off. The blaring alarm woke me up. It indicated a “red alert” for “incoming (missiles and rocket fire.)”

I sat up in bed, opened the app to see whether I was under “red alert.” I was just south of it, so I did not need to seek refuge in the stairwell, which is the building’s designated safe room. Less than a minute later I heard a series of loud booms that shook the building.

Hezbollah launched five ballistic missiles from Lebanon towards an Israel Defense Forces base north of Tel Aviv. The explosions that I heard were Israel’s Iron Dome air defense system intercepting them.

The whole situation was over in less than two minutes ā€” it was the third “red alert” for “incoming (missiles and rocket fire)” that I received on my phone on Monday, which was a year since Hamas launched its surprise attack against southern Israel.

ā€˜Red alertsā€™ for ballistic missiles that Hezbollah launched from Lebanon on Oct. 7, 2024. The missiles targeted an Israel Defense Forces base north of Tel Aviv. (Washington Blade screenshot by Michael K. Lavers)

Hamas at around 11 a.m. (4 a.m. ET) launched five rockets that triggered alerts in southern Tel Aviv. Iron Dome intercepted four of them. Shrapnel from the rocket that hit the ground left two women slightly injured. I heard the interceptions in the distance. I walked onto my balcony a couple of minutes later, and saw a man hugging a young woman who was standing on her balcony across the street. She was clearly upset.

I walked to a nearby coffee shop about half an hour later, and ordered an iced coffee. I walked back to my building and started working again. I called my mother a short time later to let her know that everything was fine. I also sent several text messages to my husband and other loved ones and friends that reiterated that point.

‘Red alerts’ for incoming rockets that Hamas launched towards Tel Aviv, Israel, on Oct. 7, 2024. (Washington Blade screenshot by Michael K. Lavers)

The Houthis in Yemen launched a ballistic missile towards Israel shortly after 5:30 p.m. (10:30 a.m. ET) that the IDF intercepted. I was in Hostage Square outside the Tel Aviv Museum of Art when I heard warning messages on people’s phones. I looked at the Tzofar app, and saw Hostage Square was outside of the “red alert” area. I then logged onto two Israeli media outlets’ ā€” the Times of Israel and Haaretz ā€” websites that I have bookmarked on my phone and read the IDF had intercepted the Houthi missile.

More than a thousand people were gathered in Hostage Square less than 90 minutes later, watching an Oct. 7 memorial concert on a large screen that had been set up. The IDF Home Front Command has limited the number of people who can gather in one place in Tel Aviv because of the continued threats of rocket and missile attacks from Gaza and Lebanon.

This limit is 2,000.

Two men in Hostage Square in Tel Aviv, Israel, embrace while watching a memorial service to the victims of Oct. 7 on Oct. 8, 2024. (Washington Blade photo by Michael K. Lavers)

The sounds of war have been a constant backdrop of this trip.

I begin every day with a swim in the Mediterranean Sea at Hilton Beach, which is Tel Aviv’s gay beach. These swims help me stay somewhat sane while I am here in Israel. 

Israeli fighter jets and helicopters with missiles strapped to them regularly fly north along the coast towards Lebanon. Drones can also be heard. This scene plays out against the context of people swimming, kayaking, and paddleboarding in the water, and others walking and jogging on the nearby beach promenade.

A lifeguard station at Hilton Beach in Tel Aviv, Israel, honors the hostages that Hamas captured on Oct. 7, 2024. (Washington Blade photo by Michael K. Lavers)

The Nova Music Festival site where Hamas militants killed 360 people and took 40 others hostage on Oct. 7 is located outside of Re’im, a kibbutz that is roughly two miles from the Gaza Strip. It is about an hour and 20 minutes south of Tel Aviv.

I visited the site on Oct. 5.

Large IDF Home Front Command banners warn visitors they had 15 seconds to reach makeshift shelters ā€” large concrete barriers placed together ā€” in case of incoming rockets. 

“If you receive an alert, lie on the ground and protect your head with your hands for 10 minutes,” the banner reads.

A makeshift shelter at the Nova Music Festival site in Re’im, Israel, on Oct. 5, 2024. (Washington Blade photo by Michael K. Lavers)

There were no alerts while I was at Nova. I did, however, hear several Israeli airstrikes in Gaza.

I stopped at a roadside restaurant in Yad Mordechai, a kibbutz that is roughly three miles north of the Erez crossing between Israel and Gaza, after I left Nova. I had a sandwich for lunch and ordered an ice coffee for the drive back to Tel Aviv. I was walking to my car and I heard two distant Israeli airstrikes in Gaza. The second one shook the ground beneath my feet.

I was back in Tel Aviv less than an hour later. It was the last day of Rosh Hashanah, and Shabbat. Hilton Beach, where I had taken my morning swim earlier in the day, was packed.

Life, at least for Israelis who live in Tel Aviv, goes on amid the sounds of war.

(washington blade video by michael k. lavers)

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