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.
Poland
Polish court rules country must recognize same-sex marriages from EU states
Poland ‘must comply with European Union law’
Poland’s Supreme Administrative Court on March 20 ruled the country must recognize same-sex marriages legally performed in other European Union states.
The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage.
The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling by the Supreme Administrative Court clearly demonstrates that Poland, as a member state of the European Union, must comply with European Union law,” said Przemek Walas, advocacy manager for the Campaign Against Homophobia, a Polish LGBTQ advocacy group, in a statement. “The Supreme Administrative Court rightly upheld the interpretation of the Court in Luxembourg and indicated that the only way to implement this ruling is to allow the transcription of a foreign marriage certificate.”
“This ruling is a significant step towards marital equality, but certainly not sufficient,” added Walas.
Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia are the EU countries that have extended full marriage rights to same-sex couples. Poland — along with Romania, Bulgaria, and Slovakia — are the four EU countries with no legal recognition of same-sex couples.
District of Columbia
Capital Stonewall Democrats 50th anniversary gala draws ‘sold out’ crowd
D.C. elected officials, mayoral candidates praise LGBTQ Democratic group
A sold-out crowd of 186 people, including D.C. elected officials and candidates running for D.C. mayor, turned out Friday, March 20, for the Capital Stonewall Democrats 50th anniversary celebration.
Among those attending the event, held at the Pepco Edison Place Gallery building next to the city’s Chinatown neighborhood, were seven D.C. Council members and four Democratic candidates running for mayor.
But at the request of Capital Stonewall Democrats leaders, the Council members, most of whom are running for re-election, and mayoral contenders did not give campaign speeches. Instead, they mingled with the crowd and focused on the accomplishments of the LGBTQ Democratic group over the past 50 years, with some presenting the group’s special “honor” awards to about a dozen prominent LGBTQ Democratic activists.
D.C. Mayor Muriel Bowser, who was initially expected to attend the event, did not attend.
The mayoral candidates attending included D.C. Council member Janeese Lewis George (D-Ward 4) and former At-Large Council member Kenyan McDuffie, an independent turned Democrat, who are considered the leading mayoral contenders in the city’s June 16 Democratic Primary. Both have strong, longtime records of support for LGBTQ rights issues.
The other two mayoral candidates attending the event were Gary Goodweather, a real estate manager, and Rini Sampath, a cybersecurity consultant. Sampath told the Washington Blade she self-identifies as queer. Both have expressed strong support on LGBTQ-related issues.
The D.C. Council members attending the event included Lewis George; Council Chair Phil Mendelson (D-At-Large); Anita Bonds (D-At-Large); Robert White (D-At-Large); Matt Frumin (D-Ward 3); Zachary Parker (D-Ward 5), the Council’s only gay member; and Charles Allen (D-Ward 6).
“Tonight we celebrate not just 50 years of history but 50 years of showing up,” Howard Garrett, Capital Stonewall Democrats immediate past president, told the gathering in opening remarks. “Showing up when it was easy, showing up when it wasn’t popular,” he said, adding, “This work only continues if we continue to show up.”
He noted that the deadline for joining the organization in time to be eligible to vote on its endorsement of candidates running in D.C.’s 2026 election was midnight that night. He urged attendees who were not members to go to two tables at the event to join.
The group’s current president, Stevie McCarty, thanked the group’s longtime members who he said played a key role in what he called its historic work in building political support for the D.C. LGBTQ community. Among those he thanked was Paul Kuntzler, 84, one of the group’s founding members in January 1976, when it was initially named the Gertrude Stein Democratic Club.
Members voted to rename the group the Capital Stonewall Democrats in 2021.
Among the LGBTQ advocates who were honored at the event was Rayceen Pendarvis, the longtime host of a D.C. LGBTQ online interview show that included interviews of candidates for public office. Pendarvis also served as emcee for the Capital Stonewall Democrats 50th anniversary event.
“Thank you everyone in this room who has done the work to make this world a better place,” Pendarvis said in opening remarks. “To all our prestigious activists in the room, all of our amazing politicians in the room who are doing the work, we love you and we honor you.”
Among the honorees in addition to Pendarvis was Malcolm Kenyatta, the Democratic National Committee’s vice chair who became the first openly LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.
Other honorees included Parker; Earl Fowlkes, founder of the International Federation of Black Prides; Vita Rangel, a transgender woman who serves as deputy director of the D.C. Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; and Philip Pannell, longtime LGBTQ Democratic activist, Ward 8 civic leader, and longtime Capital Stonewall Democrats member.
The 50th anniversary event included an open bar and refreshments and entertainment by three drag performers.
The Washington Blade on Wednesday spoke with Max Polonsky, a queer American who lives in Israel, about the Iran war and its impact on the country.
“It’s been tiring,” Polonsky told the Blade during a telephone interview from his home in Jaffa, an ancient port city with a large Arab population that is now part of Tel Aviv.
Polonsky grew up in Cherry Hill, N.J. He lived in D.C. for eight years before he moved to Israel in March 2022.
Israel and the U.S. on Feb. 28 launched airstrikes against Iran.
One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.
An Iranian missile on March 1 killed nine people and injured 27 others in Beit Shemesh, an Israeli town that is roughly 20 miles west of Jerusalem. Shrapnel from an Iranian missile that struck a hair salon in Beit Awa, a Palestinian town in the West Bank, on Wednesday killed four women and injured more than a dozen others.
An Iranian drone that hit a command center in Kuwait on March 1 killed six U.S. soldiers: Sgt. Declan Coady, Sgt. 1st Class Nicole Amor, Capt. Cody Khork, Sgt. 1st Class Noah Tietjens, Chief Warrant Officer 3 Robert Marzan, and Maj. Jeffrey O’Brien. Another American servicemember, Sgt. Benjamin Pennington, died on March 8, a week after Iranian drones and missiles targeted the Prince Sultan Air Base in Saudi Arabia.
Iranian drones and missiles have damaged hotels, airports, oil refineries, and other civilian and energy infrastructure in the United Arab Emirates, Kuwait, Qatar, and elsewhere. Israel on Wednesday attacked Iran’s South Pars natural gas field in the Persian Gulf.
The Associated Press notes roughly 20 percent of the world’s crude oil passes through the Strait of Hormuz that connects the Persian Gulf and the Gulf of Oman. Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the strategic waterway to ship traffic.
The war also left hundreds of thousands of people who were traveling in the Middle East stranded.
The Blade on March 6 spoke with Mario, who had stopped in his native Lebanon while traveling from the U.S. to India for work.
Mario was about to board a flight at Rafic Hariri International Airport in Beirut, the Lebanese capital, on Feb. 28 when the war began and authorities closed the country’s airspace. Mario is now back in the U.S.
Polonsky told the Blade there were “alarms all day … sometimes multiple alarms an hour, sometimes every hour, every two hours” on Feb. 28.
Israel’s Home Front Command typically issues warnings about 10 minutes ahead of an anticipated Iranian missile attack. Sirens then sound 90 seconds before an expected strike.
People in Tel Aviv, Jerusalem, and in other cities in central Israel have 90 seconds to seek shelter if a rocket or missile is fired from Lebanon or the Gaza Strip. (Hezbollah, an Iran-backed Shia militant group in Lebanon that Israel and the U.S. have designated a terrorist organization, launched rockets at the Jewish State after Khamenei’s death. Israel, in turn, continues to carry out airstrikes against Hezbollah targets in Lebanon. Hamas militants on Oct. 7, 2023, killed upwards of 1,200 people when they launched a surprise attack against Israel from the Gaza Strip.) People who live close to Lebanon and Gaza have 15 seconds to seek shelter.
Polonsky has a safe room — known as a “mamad” — in his apartment. Polonsky also uses it as his home office and a second bedroom.
He told the Blade the alerts in recent days have become less frequent.
“We’ll get maybe a handful of alarms during the day, maybe some at night,” said Polonsky.
Israel on June 12, 2025, launched airstrikes against Iran that targeted the country’s nuclear and military facilities. The subsequent war, which lasted 12 days, prompted the cancellation of Tel Aviv’s annual Pride parade. An Iranian missile destroyed Mash Central, the city’s last gay bar.
Iran on Oct. 1, 2024, launched upwards of 200 ballistic missiles at Israel. This reporter arrived in Israel three days later to cover the first anniversary of Oct. 7 and the impact the subsequent war in the Gaza Strip had on LGBTQ Israelis and Palestinians.
‘Iranian regime was bad’
Polonsky admitted he doesn’t “know what to think” about the latest war against Iran.
“I don’t know what I think about the war,” he said. “Ultimately what happens is just not in my personal control: whatever Donald Trump, [Israeli Prime Minister Benjamin] Netanyahu, the ayatollah, whoever is running Iran are going to organize and launch attacks and reach any deals is not anything I personally have any control over, so I try to just kind of let that aspect of it go as I’m living my life.”
Polonsky told the Blade he understands “there are very serious questions about how” the war started, and Congress’s role in it.
“Those are serious and valid, important questions,” he said. “And at the same time, the Iranian regime was bad.”
Polonsky noted Iran has supported and funded Hezbollah, Hamas, Houthi rebels in Yemen, and other groups “who were attacking Israel.” Polonsky added the Iranian government has “terribly oppressed their people.”
Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.
Reports indicate Iranian authorities killed upwards of 30,000 people during anti-government protests that began late last year. Sources with whom the Blade spoke said LGBTQ Iranians are among those who participated in the demonstrations.
“I’m not sad to see them pressured,” said Polonsky, referring to the Iranian regime.
He also described Khamenei as “a bad guy.”
“Him not being there is better,” said Polonsky.
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