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.
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.”
Rehoboth Beach
Auction of Rehoboth’s Blue Moon canceled
Details on sale of iconic bar, restaurant not disclosed
The Blue Moon in Rehoboth Beach, Del., has been an iconic presence in the local LGBTQ community for four decades but its status remains murky after a sheriff’s auction of the property was abruptly called off on Tuesday.
The property was listed for sale in December. At that time, owner Tim Ragan told the Blade that he is committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Ragan said in December. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney were separating the real estate from the business. The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million.
The bar and restaurant business is being sold separately; the price was not publicly disclosed.
But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer has been found but the sale is not yet final. As of Wednesday morning, the listing has been removed from the sheriff’s auction site.
Ragan didn’t respond to Blade inquiries about the auction. Back in December, he told the Blade, “It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” noting that he turns 70 this year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
The identity of the buyer was not disclosed, nor was the sale price.
Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden
Curve magazine honors Washington Blade publisher
Auction of Rehoboth’s Blue Moon canceled
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