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.
A gay man was murdered in Petersburg, Va., on March 13.
Shyyell Diamond Sanchez-McCray, who was also known as Saamel and Mable, was a drag queen who won the Miss Mayflower EOY pageant in 2015. Reports also indicate Sanchez-McCray, 42, was a well-known community activist in Virginia and in North Carolina.
Local media reports indicate police officers found Sanchez-McCray shot to death inside a home in Petersburg.
Sanchez-McCray’s brother, Jamal Mitchell Diamond, in a public statement the Washington Blade received from Equality Virginia and GLAAD, said Sanchez-McCray was not transgender as initial reports indicated.
“Our family has always embraced the fullness of who he was. He used the names Saamel, Shyyell, and Mable interchangeably, and we honor all of them. There is no division within our family regarding how he is being represented — only a shared commitment to preserving his truth with love and respect,” said Diamond.
“He was also deeply committed to community work through Nationz Foundation, where he worked and completed multiple state-certified programs to support marginalized communities,” added Diamond. “That work meant a great deal to him.”
Authorities have not made any arrests.
The Petersburg Bureau of Police has asked anyone with information about Sanchez-McCray’s murder to call Petersburg-Dinwiddie Crime Solvers at 804-861-1212.
District of Columbia
Trans Day of Visibility events planned
Rally on the National Mall scheduled for Saturday
The Christopher Street Project has a number of events planned for the 2026 Trans Day of Visibility, including a rally on the Mall and an “Empowerment Ball” at the Eaton Hotel. Plenaries, panel discussions and meetings with members of Congress are scheduled in the three days of programming.
Announced speakers include N.H. state Rep. Alice Wade; Commissioner of the Metropolitan Water Reclamation District of Greater Chicago Precious Brady-Davis; activist and performer Miss Peppermint (“RuPaul’s Drag Race”); Lexington, Ky. Councilwoman Emma Curtis; Rabbi Abby Stein; D.C. activist and host Rayceen Pendarvis; Air Force Master Sgt. Logan Ireland; among other leaders, advocates and performers.
Conference programming on Thursday and Friday includes an educational forum and a Capitol Hill policy education day. Registration for the two-day conference has closed.
The “Trans Day of Visibility PAC Reception” is scheduled for Thursday, March 26 from 7:30-9 p.m. at As You Are (500 8th St., S.E.). Special guests include Rep. Dina Titus (D-Nevada) and Rep. Delia Ramirez (D-Ill.). Tickets are available at christopherstreetproject.org starting at $25.
The National Council of Jewish Women and the Christopher Street Project host a “Trans Day of Visibility Shabbat” on Friday, March 27 from 7-8 p.m. at Sixth & I (600 I St., N.W.). The service is to be led by Rabbi Jenna Shaw and Rabbi Abby Stein.
The “Now You See Me: Trans Empowerment Social & Ball” is scheduled for Friday, March 27 from 6-11 p.m. at the Eaton Hotel (1201 K. St., N.W.). The trans-themed drag ball is hosted by the Marsha P. Johnson Institute with support from the D.C. Mayor’s Office of LGBTQ+ Affairs, the Capital Ballroom Council, the Christopher Street Project, the Center for Black Equity, Generation for Common Good, and Parenting is Political. RSVP online at christopherstreetproject.org.
The National Transgender Day of Visibility Rally is scheduled for Saturday, March 28 on the National Mall at 11 a.m. The rally will include speakers and performances. Following the rally, attendees are encouraged to participate in the “No Kings” rally being held at Anacostia Park.
Virginia
Virginia General Assembly’s 2026 legislative session ends
Voters in November will consider repealing marriage amendment
The Virginia General Assembly’s 2026 legislative session ended on March 14.
Lawmakers have yet to approve a budget, but they did pass a resolution that paves the way for a referendum on whether to repeal the state’s constitutional amendment that defines marriage as between a man and a woman. Lawmakers also advanced House Bill 60, which would protect PrEP users from insurance discrimination.
Democratic Gov. Abigail Spanberger has until April 13 to decide to pass, amend, or veto legislation before it goes back to the House of Delegates on April 22.
Spanberger on Feb. 6 signed the bill that sets the stage for the marriage amendment referendum. Voters will consider whether to “remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?”
Equality Virginia has been working during this legislative cycle to urge lawmakers to allocate funding towards LGBTQ rights. The budget would expand funding for schools, competency training for the 988 suicide hotline, and funding to provide gender affirming care to LGBTQ youth.
“As the budget moves through conference and the Reconvene Session approaches on April 22, Equality Virginia remains focused on ensuring our victories this session translate into durable protections,” Equality Virginia Executive Director Narissa Rahaman told the Washington Blade in a statement. “Progress on marriage equality, nondiscrimination protections, and HIV care funding was essential, but Virginia must do more.”
Gay man murdered in Va.
Trans Day of Visibility events planned
Virginia General Assembly’s 2026 legislative session ends
Polish court rules country must recognize same-sex marriages from EU states
