News
Nevada AG will no longer defend marriage ban in court
Masto was criticized for invoking incest, bigamy in earlier filing
Nevada Attorney General Catherine Cortez Masto withdrew her brief in favor of the ban on same-sex marriage (Photo public domain).
Nevada Attorney General Catherine Cortez Masto announced on Monday she has sought to withdraw her earlier legal brief that argued against marriage equality — an action one advocate says indicates she’ll no longer defend in court her state’s ban on same-sex marriage.
Masto, a Democrat, said she wants to withdraw her brief — which stirred controversy because it invoked bigamy and incest while defending Nevada’s ban on same-sex marriage — based on a related case decided by the U.S. Ninth Circuit Court of Appeals that determined jurors should not face discrimination based on sexual orientation.
“After thoughtful review and analysis, the State has determined that its arguments grounded upon equal protection and due process are no longer sustainable,” Masto said. “Additionally, the legal evolution referenced by SmithKline is undeniably a ‘doctrinal development’ that vitiates the State’s position. Thus not only is the State’s equal protection argument undermined, so is its Baker v. Nelson argument.”
Masto had previously indicated that he was reconsidering her position on the Nevada marriage lawsuit, which is currently before the Ninth Circuit, in the days after her initial filing based on the SmithKline ruling.
She had filed her brief before the court on the same day it rendered its decision in SmithKline v. Abbott, which determined laws in the Ninth Circuit related to sexual orientation should be subject to heightened scrutiny, or a greater assumption they’re unconstitutional. That ruling established precedent in the Ninth Circuit that will likely lead to marriage bans being struck down within that jurisdiction.
The case in which Masto withdrew her filing is known as Sevcik v. Sandoval, which was filed in 2012 by Lambda Legal and other legal firms on behalf of eight same-sex couples.
Jon Davidson, legal director for Lambda Legal, said the decision means that Masto will no longer defend the marriage ban in court in the same way that Virginia Attorney General Mark Herring is not defending a similar ban in his state.
An LGBT advocate, who spoke on condition of anonymity, said Masto’s position isn’t quite the same as Herring’s, but, in practice, it ends up being about the same position.
In the nine-page motion to withdraw, Masto walks through her logic in why the brief she previously submitted no longer holds up.
“SmithKline’s holding sets a new standard of review for cases in the Ninth Circuit,” Masto writes. “Because the State’s argument was grounded upon equal protection and relied on High Tech, and thus was constructed upon the premise that only rational basis review applied to laws categorizing on the basis of sexual orientation, the State’s argument cannot withstand legal scrutiny.”
The earlier brief cited as precedent Baker v. Nelson, a marriage case in the 1970’s that the U.S. Supreme Court refuse to hear for lack of federal question, and an earlier ruling by a federal judge in Nevada upholding the state’s ban on same-sex marriage. But with the more recent ruling in the gay juror case, Masto writes “both of these holdings have been vitiated.”
Masto’s request to withdraw her brief follows the earlier decision by Carson City Clerk-Recorder Alan Glover to withdraw his brief, which was also motivated by the Ninth Circuit ruling in SmithKline.
Tara Borelli, a staff attorney at Lambda Lambda, praised Masto and Gov. Brian Sandoval for withdrawing their earlier brief in favor of the ban on same-sex marriage.
“In the wake of the Ninth Circuit ruling in SmithKline Beecham v. Abbott Laboratories, the Governor has recognized that the writing is on the wall, and that arguments seeking to perpetuate discrimination are becoming extremely difficult to justify,” Borelli said. “Denying marriage to same-sex couples serves no legitimate state interest and is intended solely to perpetuate discrimination.”
Derek Washington, lead organizer for GetEQUAL Nevada, said more action is needed from Masto after her initial brief invoking bigamy and incest.
“While we applaud the Attorney General for hearing the voices of Nevadans who let her know — loud and clear — that hatred and disrespect would not be tolerated in our state, we stand firm in demanding an apology for her past comments and have requested a face-to-face meeting between the Attorney General and LGBTQ community leaders immediately,” Washington said.
CORRECTION: An earlier version of this posting indicated Masto has withdrawn from the case. She cannot do so without the court’s permission.
Cuba
Trans parent charged with kidnapping, allegedly fled to Cuba with child
Cuban authorities helped locate Rose Inessa-Ethington
Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.
An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.
Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”
The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.
The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.
“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”
The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”
The affidavit does not identify the specific “mental health therapist” in D.C.
A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.
“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.
The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.
A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”
The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.
The New York Times reported the child is now back with their biological mother.
“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.
The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.
The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.
Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.
Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.
Rehoboth Beach
Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden
The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.
Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)
The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.
The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.
A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door.
District of Columbia
Curve magazine honors Washington Blade publisher
Lynne Brown named to 2026 Power List
Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.
“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.
Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010.
“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.
“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.”
Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers.
Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”
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