News
Nevada AG re-evaluating defense of marriage ban
Masto says previous arguments against gay nuptials ‘are likely no longer tenable’
The attorney general of Nevada has announced she’s re-evaluating her defense of the state’s marriage ban in court, saying her previous arguments are “likely no longer tenable.”
Nevada Attorney General Catherine Cortez Masto, a Democrat who filed a 55-page legal brief on Tuesday defending her state’s ban on same-sex marriage, said in a statement late Friday she’s reconsidering her position following a significant ruling in favor of gay rights.
āA potentially significant case was decided by the Ninth Circuit on Tuesday of this week, the same day that a brief was filed on behalf of the State in Nevadaās same-sex marriage case,” Masto said. “The Ninth Circuitās new decision, entitled SmithKline Beechum Corp. v. Abbott Laboratories, appears to impact the equal protection and due process arguments made on behalf of the State. After careful review of the SmithKline decision these arguments are likely no longer tenable in the Ninth Circuit.”
Masto took criticism not only for defending her state’s ban on same-sex marriage when other Democrats, most recently Virginia Attorney General Mark Herring, have declined to defend similar laws, but also for invoking incest and bigamy in her argument against marriage equality before the U.S. Ninth Circuit Court of Appeals.
But the brief was filed on the same day the Ninth Circuit handed down a landmark decision in case of SmithKline Beechum Corp. v. Abbott Laboratories. The three-judge panel on the Ninth Circuit ruled a court cannot exclude jurors from a case based on their sexual orientation, applying heightened scrutiny, a greater assumption a law is unconstitutional, to the decision.
As legal experts have pointed out, the application of heightened scrutiny in that case holds legal precedent in the Ninth Circuit on laws related to sexual orientation and makes it more likely courts within the jurisdiction will rule marriage bans are unconstitutional.
Although Masto argued in her brief Nevada’s constitutional ban on same-sex marriage shouldn’t be subjected to heightened scrutiny, her statement on Friday reveals she reconsidering that view.
“This office will conduct further review over the weekend in order to evaluate the Stateās argument in light of SmithKline,” Masto said. “We will be discussing this with the governorās office next week.ā
Derek Washington, lead organizer for the LGBT group GetEQUAL Nevada, said he’s “still gobsmacked” by the invocation of bigamy and incest in Masto’s earlier brief and urged her to make a decision in favor of marriage equality.
“I have said from the beginning let’s stop pussyfooting around while states all around us are getting marriage equality (and our money),” Washington said. “Let’s go to the courts every which way. I want to go World War 3 on this. We are the wedding capital of the entire world. Economically Nevada needs marriage equality right now, not in a few years.”
Israel
Hundreds attend gay IDF soldier’s memorial service
Survivor benefits law changed after Sagi Golan’s death on Oct. 7
Editor’s note: International News Editor Michael K. Lavers will be on assignment in Israel through Oct. 14.
HERZLIYA, Israel ā Hundreds of people on Tuesday attended a memorial service for a gay Israel Defense Force major who was killed while fighting Hamas militants in southern Israel on Oct. 7, 2023.
Sagi Golan, 30, was at home in the Tel Aviv suburb of Herzliya with his fiancƩ, Omer Ohana, when the militant group launched its surprise attack against from the Gaza Strip.
Ohana told the Washington Blade during an interview after the memorial service that Golan woke him up at around 6:30 a.m. after rocket sirens began to sound.
“We ran to the shelter in our house,” he said. “After that we just opened the news and the headline was ‘Hamas terrorist attack in Israel.'”
Ohana said people in the Israeli communities around Gaza were “begging for help.” Golan started to pack his IDF uniforms, and Ohana made him coffee.
“10 minutes later we were already at the doorstep kissing goodbye,” Ohana recalled. “That was the last time I saw him.”
“I told him not to be a hero,” he said. “He gave me a kiss, he told me we’re getting married in a week, don’t be silly.”
Golan deployed to Be’eri, a kibbutz that is near the border between Israel and Gaza.
He sent Ohana a heart emoji message to him via WhatsApp every hour “just to reassure he’s there.” Golan sent his last message to his fiancĆ© and “to anyone” at 12:18 a.m. on Oct. 8, 2023.
Ohana told the Blade the next three days were “unbearable suffering, searching for Sagi under every rock in Israel, at every hospital emergency room, at every ‘hamal’ (IDF war room.)”
“We went everywhere, we did everything we could to find him,” said Ohana.
An IDF officer three days later “knocked on our door” to notify Sagi’s family that he had been killed. The officer did not speak with Ohana because the IDF did not recognize him as Sagi’s partner.
(The couple had planned to marry ā virtually ā in Utah on Oct. 14. Israel recognizes same-sex marriages that are legally performed abroad. The couple’s marriage celebration was to have taken place on Oct. 20.)
āI asked for something, and they said I had to request his parents,ā Ohana told the Times of Israel. “It made me so angry. I was the one who loved him. But Iām not taken into account. And he wasnāt taken into account.ā
The Israeli government says Hamas militants killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival near Reāim, a kibbutz that is a few miles southwest of Be’eri. The Israeli government says the militants also kidnapped more than 200 people on Oct. 7.
The Hamas-controlled Gaza Health Ministry says Israeli forces have killed more than 41,000 people in the enclave since Oct. 7.
The International Criminal Court in May announced it plans to issue arrest warrants for Israeli Prime Minister Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders ā Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh.Ā
Karim Khan, the ICCās chief prosecutor, said the five men have committed war crimes and crimes against humanity in Gaza and Israel. (A suspected Israeli airstrike on July 31 killed Haniyah while he was in the Iranian capital of Tehran to attend Iranian President Masoud Pezeshkianās inauguration.)
Hamas, which the U.S. and Israel have designated a terrorist organization, claimed responsibility for an Oct. 1 attack at a Tel Aviv light rail station that left seven people dead and more than a dozen others injured. A Bedouin man on Sunday killed an Israel Border Police officer and injured 10 others when he attacked a bus station in Beersheva in southern Israel.
Reuters on Friday reported the Lebanese Health Ministry said Israeli airstrikes in Beirut and elsewhere in the country over the last two weeks have killed more than 2,000 people.
Iran on Oct. 1 launched upwards of 200 ballistic missiles at Israel in response to an Israeli airstrike in the Lebanese capital a few days earlier killed Hassan Nasrallah, the long-time leader of Hezbollah, an Iran-backed militant group.
Hamas and Hezbollah on Monday launched fired rockets that triggered sirens in Tel Aviv and surrounding areas. The Houthi rebels in Yemen on Oct. 7 also launched missiles and drones that prompted additional warnings in central Israel.
Israel’s air defense system intercepted almost all of the rockets.
This reporter heard two of the interceptions ā the first at around 11 a.m. Israel time (4 a.m. ET) and the second at around 11 p.m. Israel time (4 p.m. ET). The second interception shook the building in which this reporter has been staying.
Ohana was building a bench for children in a garden that Golan planted in Bat Yam, a city that is just south of Tel Aviv, when the first sirens went off.
‘If we are equal in death, we should be equal in life too’
Ohana, with the support of the Aguda, the Association for LGBTQ Equality in Israel, and other Israeli advocacy groups began to lobby the Knesset to amend the country’s Bereaved Families Law to recognize LGBTQ widows and widowers of fallen servicemembers. Lawmakers last November approved the changes.
“Sagi became a symbol for the LGBTQ+ community in Israel,” Ohana told the Blade. “With Sagi as a symbol, we were able to pass the amendment in the Israeli Knesset.”
“It wasn’t me,” he added. “I couldn’t have done it if Sagi wasn’t becoming a symbol. Having a gay hero in Israel is something new, something new for the community here.”
Aguda Chair Yael Sinai Biblash was among those who attended Golan’s memorial service.
She described the campaign to change the Bereaved Families Law as “a big effort, and a big success.”
“I hope that people understand that if we are equal in death we should be equal in life too,” said Sinai.
Gay Israeli pop star performs at Golan’s funeral
Golan had written his wedding vows on his phone.
Ohana told the Blade that his fiancƩ at 11:44 p.m. on Oct. 7 opened the memo on which they were written, and read them. Golan was shot less than 90 minutes later.
“I imagine Sagi having a notification that the event is about to be completed, because it was 10 until midnight for a whole day at the seventh of October, and just having a moment with himself, remembering love, having a good thought right before he died.” he said. “Knowing Sagi thought those happy thoughts just an hour before he died, saving Israeli citizens from this terror attack is filling me with pride in Sagi. That’s why he became a symbol. That’s why he’s a gay symbol.
Ivri Lider, a gay Israeli pop star, was to have performed at the couple’s wedding celebration. He instead performed at Golan’s funeral.
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— ×××××× ×××¢× ××××"× ××ש×Ø×× | The Aguda (@AgudaIsraelLGBT) October 12, 2023
“[Sagi] was very special,” said Ohana. “He was very special to all of us.”
District of Columbia
Gay Episcopal minister to be reinstated 40 years after being defrocked
The Rev. Harry Stock, who is currently affiliated with D.C.ās LGBTQ-supportive Westminster Presbyterian Church, has invited friends, colleagues, and members of the community to āwitness a miracleā on Oct. 26 by attending a ceremony at an Episcopal church in Alexandria, Va., where he will be officially reinstated as an Episcopal priest.
In a Sept. 12 invitation to the ceremony that Stock sent by email, he states that the ceremony will take place 43 years after he was ordained as an Episcopal priest by a bishop in Charleston, W.Va., and 40 years after the same bishop defrocked him from the priesthood because he ādeclared his love for another man at the altarā in a holy union ceremony.
āAs a result of our Holy Union I received a letter from Bishop [Robert] Atkinson informing me that as a result of me declaring my love for another man at the altar he was revoking my Holy Orders and stripping me from the sacred order of priest and that I would no longer be permitted to function as a priest in the Episcopal Church,ā Stock says in his message. āMy world fell apart,ā he wrote.
Stock notes that the Holy Union that led to his being defrocked was with his life partner Mark Kristofik. He said the two have been a couple for 45 years since 1979 and are now married.
Biographical information that Stock provided shows that he received a bachelorās degree from West Virginia University in 1969 and completed a study program at the West Virginia Episcopal Diocese School of Religion before receiving a Master in Divinity Degree in 1978 from Virginia Theological Seminary in Alexandria, Va., in 1978.
In the years since being defrocked Stock became known as an esteemed theologian. Beginning a short time after being defrocked, he became pastor in D.C. of a newly formed branch of the LGBTQ-supportive Metropolitan Community Church called the MCC Church of the Disciples, where he served for 21 years. Biographical information he sent to the Washington Blade says in 1991 the nationwide Universal Fellowship of Metropolitan Community Churches ordained him as a minister.
The biographical write up says Stock later became the founder and president of Scrolls Revealed Ministries for which he traveled over a period of 20 years across the country to churches, colleges, retreats, and conferences facilitating a seminar he created called āBiblical Translation for Gay Liberation: How the Bible Does Not Condemn Homosexuality, An in-Depth Study.ā
Stock said Scrolls Revealed Ministries is still active and he currently travels to churches as a guest preacher delivering a teaching sermon called āHomophobia and the Bible: A Deadly Combination.ā
With that as a backdrop, Stock tells of the recent developments that brought about his upcoming reinstatement as an Episcopal priest in his email message inviting friends and colleagues to the Oct. 26 ceremony beginning at 10 a.m. at St. Paulās Episcopal Church at 228 South Pitt St. in Alexandria.
āUpon learning of my story, The Rt. Reverend Matthew Cowden, VIII, current Bishop of the Episcopal Diocese of West Virginia, requested a meeting with me via Zoom and on July 25 of last year we met,ā according to Stockās email message. He said that was followed by an in-person meeting in October of 2023.
āDuring our meeting Bishop Cowden said something that in my wildest dreams I never expected to hear, by saying, āOn Behalf of the Episcopal Church, I apologize to you for what the church did to you back in 1984.āā
Stock adds in his message, āI found myself unable to speak and felt liberated, for the first time, from a pain that had plagued me for years. But, Bishiop Cowden didnāt stop there, he went on to say, āI also want to make right the mistake that was made those many years ago.āā
According to Stockās message, āAfter a year of endeavoring through the Canons of the Episcopal Church and completing Canonical requirements and the joyous consent of the Bishops, and other committees and bodies responsibleā ā his reinstatement was approved, and the reinstatement ceremony was scheduled for Oct. 26.
āMiracles happen through moments of great beauty, prayer, faith, hope and especially through acts of great love,ā Stockās message continues. āThey happen through us and to us, and for me, one is about to manifest itself and turn what I thought was the greatest disappointment in my life into a blessing,ā he says in his message.
āI am delighted to share this incredible blessing with you,ā his message continues. āAnd if you are nearby, I would be honored to have you join me for this momentous occasion.ā His message says a Champagne reception will take place after the ceremony.
In recent years, Stock has preached and presided over communion services at Westminster Presbyterian Church.
In Southwest D.C. in the role of Parish Partner, a title given to ministers who are not officially ordained as Presbyterian ministers. Stock said that upon his reinstatement as an Episcopal priest on Oct. 26, he will continue his role as Parish Partner at Westminster since he still will not be an ordained Presbyterian minister.
He nevertheless said his service at Westminster is important to him and he plans to remain there. He told the Blade that at the age of 83, he considers the West Virginia bishopās decision to reinstate him as an Episcopal priest to be an act of correcting an injustice.
āWhat the bishop is doing on Oct. 26 is doing what he calls making right the mistake that was made 40 years ago and validating my ministry,ā Stock said.
District of Columbia
In D.C., 28 percent of homeless youth identify as LGBTQ
Advocacy groups, D.C. agency respond to increase in numbers
Editorās Note: This article is part of our 2024 contribution to the D.C. Homeless Crisis Reporting Project in collaboration with other local newsrooms. The collective works will be published throughout the week at bit.ly/DCHCRP.
The LGBTQ operated and LGBTQ supportive homeless shelters and transitional housing facilities in D.C. are operating at full capacity this year as the number of homeless city residents, including LGBTQ homeless residents, continues to increase, according to the latest information available.
The annual 2024 Point-In-Time (PIT) count of homeless people in the District of Columbia conducted in January, shows that 12 percent of the homeless adults and 28 percent of homeless youth between the age of 18 and 24 identify as LGBTQ.
The PIT count shows an overall 14 percent increase in homelessness in the city compared to 2023. This yearās count of a total of 527 LGBTQ homeless people marks an increase over the 349 LGBTQ homeless people counted in 2023 in D.C. and 347 LGBTQ homeless counted in 2022.
Representatives of the LGBTQ organizations that provide services for homeless LGBTQ people have said the actual number of LGBTQ homeless people, especially LGBTQ youth, are most likely significantly higher than the annual PIT counts.
Liz Jaramillo, director of Youth Housing for the D.C. LGBTQ youth advocacy group SMYAL, which provides transitional housing for at least 55 homeless LGBTQ youth through four housing programs, said SMYAL staff members have observed a clear increase in the number of LGBTQ youth facing homelessness or housing insecurity.
She said the increase has been a topic of discussion with other groups providing homeless services for LGBTQ youth as well as with officials from the D.C. Department of Human Services (DHS), which provides support and funding for LGBTQ homeless related programs.
āSo, I do think there has been an increase,ā Jaramillo said. āWe see it during our meetings when we are talking with DHS and talking about the need for what the next steps will be for growing LGBTQ housing in general across the city.ā
Among other things, Jaramillo and officials with other LGBTQ organizations, including the D.C. LGBTQ+ Budget Coalition, are calling on the city to expand its funding for LGBTQ homeless programs to keep up with the need to address the increasing number of LGBTQ homeless people in the city.
SMYAL began its housing program for LGBTQ youth in 2017. It was preceded by D.C.ās Wanda Alston Foundation, which opened the cityās first transitional housing program solely dedicated to LGBTQ youth facing homelessness between the ages of 18 and 24 in 2008. As of 2022, the Alston Foundation had opened two more LGBTQ youth homeless facilities.
Both SMYAL and the Alston Foundation provide a wide range of services for their LGBTQ youth residents in addition to a safe and stable shelter, including food and nutrition services, case management services, mental health counseling, crisis intervention, and employment related skills development and education services.
The two groups also have designated at least one of their housing facilities to offer their LGBTQ residents extended transitional housing for up to six years.
In September of 2021, at the time when the LGBTQ community services center Casa Ruby lost its city funding for its own longstanding LGBTQ youth homeless shelter, the Department of Human Services awarded a grant for the opening of a new LGBTQ youth homeless shelter to Covenant House, a nonprofit group that provides homeless youth services nationwide. In 2022, Casa Ruby closed all its operations.
At the time, Covenant House announced the facility would serve as a 24-bed LGBTQ youth shelter called Shine in the cityās Deanwood neighborhood. In response to a request by the Washington Blade for an update on the status of the Shine facility, DHS released a statement saying the facility has been expanded to 30 beds and continues to receive DHS funding.
With most of the LGBTQ-specific homeless facilities in D.C. focusing on youth, the DHS opened the cityās first official shelter for LGBTQ adults in August of 2022 following a ribbon-cutting ceremony led by D.C. Mayor Muriel Bowser. The 40-person shelter is located at 400 50th St., S.E.
āDHS continues to support LGBTQ adults through its low-barrier shelter, Living Life Alternative,ā DHS said this week in its statement to the Blade. The statement says the facility is operated by The Community Partnership for the Prevention of Homelessness, which refers to itself as TCP, through a DHS Sole Source grant. According to the statement, TCP āsub awards the grant fundingā to a company called KBEC Group, Inc., which specializes in providing comprehensive social services and residential living for youth and adults.
āKBEC proactively offers intensive care management services allowing residents to overcome long-standing obstacles preventing them from obtaining and maintaining permanent housing,ā the DHS statement says in describing KBECās involvement in the LGBTQ adult housing facility.
āThese include connections to Behavioral Health Services, Substance Use Disorder (SUD) resources, Supportive Employment Job Training Programs, direct access to health care within the shelter at least once a month, and a comprehensive curriculum of Life Skills to include Financial Literacy Classes, Music Therapy, Art Therapy Classes, and Group Therapy sessions,ā the statement says.
It says the goal of the program associated with the LGBTQ adult shelter is to enable its residents to be able to leave the facility within six months through assistance from programs leading to self-sufficiency.
āKBEC has successfully connected more than 50% of residents to some type of housing subsidy, whether through the Mayorās Office of LGBTQ+ Affairs, DHS Housing Vouchers, or Permanent Supportive Housing (PSH),ā the statement says.
A least two other non-LGBTQ locally based organizations ā the Latin American Youth Center and Sasha Bruce Youthwork ā also provide services for homeless LGBTQ youth, including housing services, the two groups state on their website.
Jaramillo, of SMYAL, and Hancie Stokes, SMYALās communications director, told the Blade this week that SMYAL and other local LGBTQ organizations continue to advocate for LGBTQ cultural competency training for the staff at non-LGBTQ organizations or private companies that provide LGBTQ-related homeless services.
āWe work closely with our community partners to make sure that when a queer young person is matched into their program or placed into their program that they are equipped with basic cultural competency to be able to provide those supportive services to folks,ā Stokes said.
āBut there is a great need for increased funding for programs like SMYAL and Wanda Alston, which is why we partner with the LGBTQ+ Budget Coalition to advocate for more funding on behalf of all LGBTQ+ housing programs,ā she told the Blade.
One example of a possible consequence of inadequate cultural competency training surfaced in April of this year when a transgender woman filed a discrimination complaint against a D.C. homeless shelter after it refused to allow her to stay in the womenās section of the shelter, forcing her to stay in the menās sleeping section.
The complaint was filed against the shelter operated by the Community for Creative Nonviolence at 245 2nd St., N.W., which is one of the cityās largest privately operated shelters. A spokesperson for the shelter did not respond to a phone and email message left by the Blade asking for a response to the complaint.
Transgender rights advocates have said the denial of the placement of a transgender woman in the female section of a place of public accommodation such as a homeless shelter is a violation of the D.C. Human Rights Actās ban on gender identity discrimination.
Jaramillo and Stokes said SMYAL has responded to yet another growing need for homeless and housing services related to the cityās immigrant community. Shortly after the shutdown of Casa Ruby, Stokes said SMYAL created an LGBTQ youth street outreach program that focuses on Spanish-speaking LGBTQ youth.
āA lot of folks are experiencing homelessness,ā Stokes said. āBut this is particularly working with queer and trans Spanish-speaking youth who are experiencing homelessness to either get them connected to housing services, health care, legal documentation or legal support, and education,ā she said.
āAnd so, our team goes out to areas like Columbia Heights and other areas where we know a lot of these migrant populations are setting up communities. And this is an outreach directly to them and it builds rapport in the community.ā