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Nevada AG will no longer defend marriage ban in court

Masto was criticized for invoking incest, bigamy in earlier filing

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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 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.

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Comings & Goings

Whitman-Walker honors Rep. Sarah McBride

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U.S. Rep. Sarah McBride (D-Del.) (Washington Blade photo by Michael Key)

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Congresswoman Sarah McBride (D-Del.) on being honored with this year’s Stonewall Award from Whitman-Walker Health. Amy Nelson, senior director of Legal Services, said, “Congresswoman Sarah McBride is working to make healthcare accessible to all, and this award recognizes her support of healthcare as a human right. Our legal program supports families facing unprecedented challenges to stay healthy and safe – families that Congresswoman McBride champions with a deep understanding of the issues they face and the legislative expertise of how to support them.”  

McBride, in a press release, said, “I am honored to accept this year’s Stonewall Award from Whitman-Walker Health — an organization that has spent 40 years doing vital work to ensure every person can access the dignity of care. In the wealthiest and most developed nation on earth, the ability to receive care should not be a matter of luck—it should be the law of the land. I am proud to be recognized as a partner in this work and to support Whitman-Walker Health in their mission to build a healthier society for all.”

Congratulations also to Wes Drummond who will join Clear Space Theatre Company in Rehoboth Beach, Del., as its third artistic director. Managing Director Joe Gfaller said, “This is an exciting moment of growth for Clear Space as we welcome Wes to join our remarkable team. I am confident he will be an excellent partner as we work with our entire staff, board, and committed team of volunteers, to ensure Clear Space can achieve its full potential in pursuit of our mission to unite and enrich our community through every production on stage, and every arts-based learning program we offer throughout our community.” 

On accepting the position Drummond said, “I’m honored to join Clear Space Theatre Company as artistic director, and beyond excited for what we’re about to create together. Clear Space has established itself as a vital and vibrant part of the cultural life of coastal Delaware, and I feel incredibly fortunate to step into this next chapter alongside such a passionate and dedicated team. Rehoboth Beach is a place defined by creativity and community, and I look forward to listening, learning, and building meaningful relationships across the region in the months ahead. My vision is to help Clear Space continue to grow as a bold, forward-thinking, cultural force, that champions fearless storytelling.”

Wes Drummond

Drummond served in leadership roles at Duluth Playhouse in Duluth, Minn., from 2021 to 2026, including four years as executive director followed by one year as executive producing artistic director, guiding the organization through a period of significant transformation and stability in the wake of the COVID-19 pandemic. As a director, he has worked extensively in New York City, Chicago, and at regional theaters across the country, directing both musical theater and plays with a focus on storytelling that bridges classical works with contemporary perspectives. He has collaborated with leading figures in the industry, including Tony Award-winning director Matthew Warchus, and Tony-nominated director Michael Greif. He is an associate member of the Stage Directors and Choreographers Society.

Wes earned his MFA in directing, Penn State University, where he studied under Tony-nominated director, Susan H. Schulman. 

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Virginia

Va. Supreme Court invalidates Democrat-backed redistricting plan

Voters narrowly approved new congressional districts last month

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Virginia Supreme Court (Photo by sainaniritu/Bigstock)

The Virginia Supreme Court on Friday struck down a Democrat-backed redistricting plan that voters approved last month.

Ten of 11 of Virginia’s congressional districts favor Democrats in the plan that passed by a 51-48 vote margin in last month’s referendum.

The Human Rights Campaign PAC is among the groups that support it. The court by a 4-3 majority invalidated the referendum results.

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District of Columbia

Maren Morris to headline Capital Pride Concert

Grammy award-winning singer/songwriter came out as bisexual in 2024

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Maren Morris (Photo by Debby Wong/Bigstock)

Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, announced on May 7 that nationally acclaimed singer-songwriter Maren Morris, who identifies as bisexual, will be the headline performer at this year’s Capital Pride Concert scheduled for June 21.

The concert takes place as part of the annual Capital Pride Festival held on Pennsylvania Avenue, N.W., usually between 3rd Street near the U.S. Capitol and 9th Street.

“Morris, known for her genre-blending sound and outspoken support of LGBTQ+ rights, will be joined by a standout lineup, including acclaimed queer rapper Leikeli47, pop icon Lisa Lisa, Juno-nominated producer and DJ from the ‘Heated Rivalry’ soundtrack, Harrison, and ‘RuPaul’s Drag Race’ Season 18 winner Myki Meeks,” according to a statement released by Capital Pride.

“In a moment when LGBTQ+ people are being challenged across the country, the Capital Pride Concert is a space where our community is fully seen and heard,” Ryan Bos, the Capital Pride Alliance CEO and president, said in the statement. “Bringing Maren Morris to the stage reflects this year’s theme: Exist, Resist, Have the Audacity,” Bos said.

The statement notes that the concert takes place as part of the annual D.C. Pride Festival, which is open to the public free of charge, with tickets available for purchase for specific areas listed as the Capital Stage Pit Zone and the VIP Concert Zone.

It says the festival takes place from 12 –10 p.m. and points out that in addition to the music performed by multiple other performers on several stages, festival attendees “can explore hundreds of exhibitors, community organizations, and artisans, along with multiple food courts and beverage gardens throughout the festival footprint.”

Information on the Capital Pride Alliance website shows that the festival takes place one day after the annual Capital Pride Parade, scheduled for June 20 and which is expected to travel from 14th and T Streets, N.W., to Pennsylvania Ave., N.W., where it is expected to end at 9th Street.  

The statement adds that following the stage performances during the June 21 festival, which are expected to conclude around 8 p.m., “the celebration will continue with the Capitol Sunset Dance Party, closing out the evening against the backdrop of the U.S. Capitol.”  

The online publication Today, which is part of the NBC “Today” television show, reported that Morris came out as bisexual in a 2024 during Pride. It reports Morris “shared several images of herself holding a Pride flag to mark the occasion, writing, ‘Happy to be the B in LGBTQ+’” 

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