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.
District of Columbia
New LGBTQ bar Rush set to debut this weekend
14th & U picks up a queer lounge, dance spot with a tech focus
The LGBTQ nightlife hotbed at 14th and U is about to get another member. Rush, a bar years in the making, is set to open its doors this week.
Filling the hole left by Lost Society, Rush will be a tech-forward, two-story bar featuring fully integrated light and sound to deliver “an immersive experience,” according to owner Jackson Mosley.
Mosley began conceptualizing such a bar back in 2017. His career linking tech and hospitality stretches even further back, beginning his career at LivingSocial and Uber. And even before that, he moonlighted at Town during his college years, where he developed a passion for drag and LGBTQ nightlife.
Rush is this manifestation of both tech and nightlife coming to fruition, but it hasn’t been without setbacks. Mosley originally planned to open farther east, on 9th and U streets, but received pushback from the building in which it was supposed to be housed. “It was the universe telling me it wasn’t the right spot,” he says. Earlier this year, coming across the Lost Society vacancy, Mosley finally found his host. As the center of LGBTQ nightlife has shifted to 14th Street – as reinforced by this week’s Shakers shuttering – Mosley was eager to join the festive fray.
Rush is in the same building as Bunker, settling on the top two levels of the structure. Across a flexible, indoor-outdoor combination and 6.000 square feet, Rush entirely shakes up its two floors – “a real reimagining so that it feels entirely new,” he says, with new equipment and a new vision and a capacity of at least 300.
The lower floor leans into a lounge vibe. Relaxed seating and a huge bar dominate the area. It will feature a sound booth, furniture with built-in lighting, and plenty of places to chat.
Upstairs is the club, dance-forward space. It has a “proper drag stage,” Mosley says, one of the largest among fellow LGBTQ bars, at 7.5 feet deep by 22 feet wide. Set up for live performances and painted in matte black, this rooftop level can open the doors to the deck allowing the entire level to participate in performances.
Rush will also boast a full kitchen, distinct from many other LGBTQ bars. Set to start serving in a couple of months, it will serve a large menu of bar food and more, as well as a lively brunch on the rooftop.
“It’s long overdue to have a brunch with good food at a bar,” he says.
Mosley emphasizes sound and lighting as part of his tech focus. Dropping more than $150,000 on this multi-sensory experience, he realized his “life dream to build out a sound system I love,” he says. “Enough lighting to power Echostage,” he joked. Lasers, hazers, smoke machines, and CO2 cannons are just a few elements. “One piece lacking at a drag show has been integrated light and sound with the performers’ choreo,” he says, like when a queen performs a death drop, there should be a light and sound crescendo.
Rush also differentiates itself with its unique business model. All Rush employees are full-time exempt with benefits like healthcare and PTO. Mosley takes up the CEO position of his firm Momentux, which will operate Rush. Mosley envisions growth to open Rush locations in other cities along the same model. Patrons will swipe their credit cards at the door, reducing the number of swipes for bar staff (and reducing credit card fees), and wear wristbands to track purchases. The approach negates the need – and request – for tips. Service charges will only be levied when patrons don’t close their tabs. “I’m rethinking the role of staff, down to the barback,” he says.
As for what the staff will pour, Rush will slowly roll out an eclectic, cheeky signature cocktail list to be served beyond the usual vodka-sodas. Such drinks might include the “14th & Unhinged,” with tequila, mezcal, tamarind, and lime; the “Power Vers,” with gin, elderflower, lemon, and pink peppercorn foam; and the “Flight Attendant,” which comes with a spread based on the ever-popular in-flight cookie, Biscoff.
The bar’s opening is set for Saturday Nov. 22, with a promising lineup — popular DJ Sidekick, and a trio of local drag favorites: Cake Pop, Druex Sidora, and Mari Con Carne. A social media post promised “good energy, controlled chaos, and hot strangers.”
Rush, says Mosley, might be like “if Taylor Swift and Lady Gaga had a baby, plus drag queens,” he says.
Eswatini
PEPFAR delivers first doses of groundbreaking HIV prevention drug to two African countries
Lenacapavir now available in Eswatini and Zambia.
The State Department on Tuesday announced PEPFAR has delivered the first doses of a groundbreaking HIV prevention drug to two African countries.
The lenacapavir doses arrived in Eswatini and Zambia.
The State Department in September unveiled an initiative with Gilead Sciences to bring lenacapavir “to market in high-burden HIV countries.”
Lenacapavir users inject the drug twice a year.
The State Department in its September announcement noted everyone who participated in Gilead’s clinical trials remained HIV negative. It also said lenacapavir “has the potential to be particularly helpful for pregnant and breastfeeding mothers, as it safely protects them during and after pregnancy to prevent mother-to-child transmission.”
“In our new America First Global Health Strategy, the Department of State is establishing a first-of-its-kind innovation fund to support American-led research, market-shaping, and other dynamic advancements in global health,” said PEPFAR on Tuesday in a press release.
“The arrivals of the first doses of lenacapavir in Eswatini and Zambia mark an important milestone in HIV prevention and reflect our commitment to supporting communities with the greatest need,” added Gilead CEO Daniel O’Day. “For the first time, a new HIV medicine is reaching communities in sub-Saharan Africa in the same year as its U.S. approval.”
The September announcement came against the backdrop of widespread criticism over the Trump-Vance administration’s reported plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to curtail services or even close because of U.S. funding cuts.
Local
Most D.C.-area cities receive highest score in HRC Equality Index
‘Record breaking’ 132 jurisdictions nationwide receive top ranking
The Human Rights Campaign Foundation on Nov. 18 released its 14th annual Municipal Equality Index report showing that a record number of 132 cities across the country, including nine in Virginia and seven in Maryland, received the highest score of 100 for their level of support for LGBTQ equality through laws, policies, and services.
Among the D.C.-area cities and municipalities receiving a perfect score of 100 were Alexandria, Arlington County, Fairfax County in Virginia and College Park, Bowie, Gaithersburg and Rockville in Maryland.
The city of Rehoboth Beach is listed as the only city or municipality in Delaware to receive a score of 100. Rehoboth city officials released a statement hailing the high score as a major achievement over the previous year’s score of 61, saying the improvement came through a partnership with the local LGBTQ advocacy and services group CAMP Rehoboth.
The HRC Foundation, which serves as the educational arm of the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, includes the District of Columbia in a separate State Equality Index rating system under the premise that D.C. should be treated as a state and receive full statehood status.
In its 2024 State Equality Index report, D.C. and 21 states, including Maryland, Virginia, and Delaware, were placed in the “highest rated category” called Working Toward Innovative Equality, which does not use a numerical score.
“The 2025 MEI shows a record breaking 132 cities scoring the highest possible marks on the index, representing a combined population of approximately 49 million people,” the HRC Foundation said in a statement announcing the 2025 report.
“This high-water mark is critical as pressure continues from states that pass laws and policies that seek to shut transgender people – particularly trans youth – out of public life,” the statement continues. It adds that many cities that have put in place trans supportive laws and policies, including health insurance benefits, “are in many cases no longer able to provide that coverage in a meaningful way as a result of discriminatory decisions made by state legislatures.”
The statement goes on to say, “However, more cities than ever are doing what the MEI characterizes as ‘testing the limits of restrictive state laws’ – pushing back against various checks on municipal power or discriminatory state laws – with nearly 70 cities doing so.”
The HRC statement notes that this year’s Municipal Equality Index rated a total of 506 cities. It says that number includes the 50 state capitals, the 200 largest cities in the U.S., the five largest cities or municipalities in each state, the cities that are home to the state’s two largest universities, and the 75 cities or municipalities that have high proportions of same-sex couples.
The report shows this year’s index rated 11 cities or municipalities in Virginia with the following rating scores: Alexandria, 100; Arlington County,100; Fairfax County, 100, Richmond, 100; Charlottesville, 100; Chesapeake, 80; Hampton, 100; Newport News, 100; Norfolk, 91, Roanoke, 100, and Virginia Beach, 100.
In Maryland a total of 10 cities were rated: Annapolis, 100; Baltimore, 100; Bowie, 68; College Park, 100; Columbia, 100; Frederick, 100; Gaithersburg, 100; Hagerstown, 75; Rockville, 100 and Towson in Baltimore County, 85.
A total of eight cities were rated in Delaware: Rehoboth Beach, 100; Bethany Beach, 51; Milford, 83; Dover, 69; Wilmington, 76; Newark, 72; Smyrna, 59; and Middletown, 64.
The full 2025 HRC Foundation Equality Index Report can be accessed at hrc.org.
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