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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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3 Comments

3 Comments

  1. Matt

    February 10, 2014 at 10:04 pm

    Have all the defendants in this case asked to withdraw their briefs?

  2. Matthew Aldridge

    February 11, 2014 at 4:32 am

    Very proud to be a Nevadan. Live it, Love it, Las Vegas!!

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National

More Americans personally know someone who’s transgender, non-binary: survey

42% know a trans person, 26% know someone using gender-neutral pronouns

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More Americans personally know a transgender person or someone who goes by gender-neutral pronouns, according to new data from the non-partisan Pew Research Center.

A survey found 42 percent of Americans know someone who’s transgender, who is up from 37 percent who said so in 2017. Although most Americans, 57 percent, still say they don’t know anyone who’s transgender, that’s down from 63 percent five years ago.

Similarly, 26 percent of Americans say they know someone who uses non-binary gender pronouns compared to the 18 percent in 2018 who said they knew someone uses pronouns such as “they” as opposed to “he” or “she.”

At the same time, comfort levels with using gender-neutral pronouns – as well as their opinions on whether someone’s gender can differ from the sex they were assigned at birth – has remained about the same. Half of Americans say they would be either very or somewhat comfortable using a gender-neutral pronoun to refer to someone if asked to do so, compared to 48 percent who say they would not be comfortable. The numbers, according to Pew Research, are basically unchanged since 2018.

The survey found profound differences by age, party, and education in knowing a transgender person or someone who goes by gender-neutral pronouns, although in both parties growing shares of Americans report knowing a person who’s transgender.

For Americans under age 30, some 53 percent say they know a transgender person, which is up from 44 percent in 2017. In the same age group, 46 percent of younger U.S. adults know someone who goes by gender-neutral pronouns, compared to 32 percent in 2018.

The Pew Research Center conducted the survey of 10,606 U.S. adults between June 14 and June 17. The survey is weighted to reflect the U.S. adult population in terms of gender, race, ethnicity, partisan affiliation, education, and other categories, according to Pew Research.

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Local

D.C. police seek help in finding missing gay man

Rick Woods last seen in Georgetown on July 14

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Richard G. ‘Rick’ Woods, 65, was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

D.C. police have issued an announcement asking the public for help in finding Richard G. ‘Rick’ Woods, 65, who was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

Friends who know Woods, who is gay, say he has operated for many years an antique wood furniture restoration business at various locations in D.C. The most recent location of his business, according to an online listing, has been at 1408 Wisconsin Ave., N.W., a short distance from where he was last seen. 

The police announcement says Woods was reported missing to police on Friday, July 23, but the announcement doesn’t identify the person who reported him missing.

 “Richard G. Woods is described as a white male, 6’O” tall, 210 pounds, with brown and gray hair and brown eyes,” the police announcement says. “His clothing description is unknown,” according to the announcement.

The announcement says the case is being investigated by the department’s Youth and Family Services Division. Anyone with information about Woods’ whereabouts is asked to call the division at 202-576-6768 or to call the police Command Center at 202-727-9099. 

“Rick is known by many in our community,” said John Fanning, a Logan Circle Advisory Neighborhood Commissioner and longtime local LGBTQ rights advocate. “He’s owned an antique wood restoration business for years,” according to Fanning, who said he and others who know Woods are hopeful that he will be found soon and unharmed. 

A D.C. police spokesperson said the police incident report for the Woods missing person case wasn’t immediately available.

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World

Gay Nigerian priest makes religion serve LGBTQ people

Rev. Jide Macaulay founded House of Rainbow

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Jide Macaulay, gay news, Washington Blade
Rev. Jide Macaulay (Photo courtesy of Rev. Jide Macaulay)

It is impossible to speak of queer identity and culture without acknowledging the important role religion has played in shaping it throughout history. Whether it’s Pope Francis praising the work an American priest has done to affirm LGBTQ identity, or a Republican legislator rebuking the existence of transgender people by invoking scripture from the Bible, religion and spirituality unquestionably influence conversations about sexual identity in the U.S. and how American society would like for people to manifest their sexuality. 

A significant portion of LGBTQ people in the U.S. are religious.

A study the UCLA School of Law’s Williams Institute conducted in 2020 found that 5.3 million LGBTQ adults are religious with almost half of this metric identifying as “highly religious.” Forty percent of those between ages 18 and 35 are religious, and 65 percent percent of those over 65 identify as religious as well. In addition, 71 percent of Black LGBTQ adults in the U.S. are religious. 

The Washington Blade recently spoke with Rev. Jide Macaulay, founder and CEO of the London-based House of Rainbow CIC, to talk about his work as a gay Black African Christian priest.

Macaulay was born in London and grew up in Ikeja, the boisterous capital of Nigeria’s Lagos State. He was born into a religious family to parents who he described to the Blade during a 2017 interview as “very dedicated Christians.” His father was one of Nigeria’s leading theologians, so Macaulay’s upbringing was naturally Christian-centric, with him being involved in the church from a young age. 

As a budding adult, Macaulay pursued theology as a profession and became an ordained minister in 1998 after training with his father. After a two-year hiatus from the church, he joined the Metropolitan Community Church in London to study theology and later joined its congregation as a minister in 2003. Macaulay says it was there that he became confident in his understanding that “God loves gay people regardless of all these messages of it being a taboo or abomination.”

Sheathed with this conviction, Macaulay moved back to Nigeria to create an environment that mimics that which he had experienced at the Metropolitan Community Church.

“It became important to me to go to Nigeria to create the same space and tell LGBTQ people that ‘God loves you just the way you are,’” says Macaulay. “I embodied a lot of the spirit of the human rights church that came out of the origin of the Metropolitan Community Church.”

Macaulay started House of Rainbow under this ideology on Sept. 2, 2006. This weekly gathering of LGBTQ Christians initially began with 34 congregants, but the congregation grew rapidly to a point where Macaulay “didn’t know what to do with all the people.” He says the growth “perplexed” him as he didn’t realize that House of Rainbow was so popular. 

House of Rainbow encountered problems that emanated from operating in a country with virulent homophobic laws, despite its popularity. Many congregants were physically attacked for identifying as queer, and Macaulay recalls individuals emerging to church with broken noses and arms. The media also caught wind of House of Rainbow’s weekly gatherings and chaos ensued. 

The culmination of these events forced Macaulay to leave Nigeria after two years. House of Rainbow remained steadfast with its mission to create a community for LGBTQ Christians and soldiered on for a couple of more years before it eventually dissolved. 

“It’s unfortunate, now, that as I speak to you we do not have a House of Rainbow community in Nigeria,” says Macaulay. “We still have people connected [to the community], but we don’t have a physical presence or anyone leading it.”

House of Rainbow’s reach has nevertheless now become global, with communities established in 22 countries. The majority of them are in Africa.

‘Homosexuality is not a sin; it is who we are’

The crux of Macaulay’s ideology centers on inclusion and acceptance. He creates a space at House of Rainbow where LGBTQ individuals can not only gather in community, but can also feel seen and recognized as meaningful members and contributors to Christianity

“The important thing [that people need to understand] is that as a minister of the gospel of Christ, I want every LGBTQ person to make [it to] heaven,” says Macaulay. “I want them to be on a path towards salvation and redemption.”

“This whole language that if you are gay, you are destined for hell and eternal damnation is so wrong. That is even abusive in itself,” adds Macaulay. 

He further invokes a popular scripture that loosely states, “For all have sinned and fallen short of the glory of God.” 

This scripture is a part of what homophobic Christians use to denounce queerness. Macaulay, nevertheless emphasizes that there is a lack of complete understanding of what the scripture truly communicates.

“[The scripture] didn’t say that anyone is going to hell. It said that we have all sinned and fallen short of the glory of God,” says Macaulay. “Having said that, it is important to understand that homosexuality is not a sin; it is who we are.”

Macaulay’s work is therefore enmeshed in the need to fight for social justice causes. He aims to use the church as a platform to bring awareness to and fight for all iterations of LGBTQ rights. Whether it be racism, sexism, or classism, Macaulay aims to “be like Jesus” and emulate his unwavering passion to uplift those at the bottom of society’s hierarchy.

“It’s inconceivable to think that any religious space wouldn’t be a platform for social justice. Jesus Christ was about social justice,” says Macaulay. “Even the Civil Rights Movement in America had the church fighting injustices relating to racism.”

Macaulay stresses that the church needs to “do what is right” and stand up for the rights of LGBTQ people. 

“In the Bible in Micah 6:18, it says, ‘What does the Lord require of you but to do justice? To love kindness and work in humility with your God,” says Macaulay. “Therefore, Christian leaders need to have a strong understanding of justice.” 

When reflecting on the current state of religion, its diversion from and/or weak approach towards social justice, and also its complicity in oppressing minority groups, Macaulay says, “Jesus Christ would definitely be mad.”

Can you be a gay African and Christian?

Prior to being colonized by European countries, many African cultures had relaxed attitudes towards sexuality and gender. The Shona in Zimbabwe, Pangwe in Cameroon, Igbo in Nigeria and other African tribes all permitted queer existence without any negative repercussions. 

The expansion of European global influence brought with it homophobic laws, which were largely enacted under the pretense of “Christian values,” that forced African countries to institutionalize queerphobia, which has now become an undeniable legacy of colonialism on the continent. 

That colonialism introduced African populations to Christianity is not an uncommon sentiment among queer Africans and Africans in general. Hence, it is not uncommon to find LGBTQ Africans who denounce Christianity not only because of its association with the racism that fueled European occupation of the continent, but also its functioning as a tool that erased what many of them nostalgically view as a queer-affirming past tainted by the arrival of the white man.

Macaulay both believes and shuns this. He acknowledges that colonialism did participate in the erasure of queer acceptance in African cultures, however, the concept of Christianity being “unAfrican” is fallacious. 

He asserts that African and Black African Christians existed before colonialism, and thus, the notion that Christianity is the “white man’s religion” is a false notion. 

“Christianity was present in pre-colonial Africa,” says Macaulay. “In the Bible there are numerous references to Africa, including Egypt and Ethiopia where important biblical events happened, [for example], the story of the Israelites leaving Egypt in search of the promised land.”

Macaulay, because of this, spotlights the need for religion to be decolonized. 

By reframing how Christians conceive of religion, from unlearning the notion that Jesus is white to acknowledging the existence of Black people in the Bible, one can have a more wholesome and truthful interaction with Christianity. 

Also, this will allow for queer African Christians to exist in their queer communities comfortably as Macaulay states that there’s a need for them to occupy space in the community as proudly religious people without bearing the shame that is cast on them by what seems to be an agnostic-leaning landscape.

Lil Nas X and ‘going to hell’

Lil Nas X on March 26 released a single titled “Call Me By Your Name” which garnered massive attention for both its musical mastery through a catchy hook and its depiction of Black queerness. The accompanying video further dramatized the story by drawing from Christian visual imagery of heaven and hell, and God and the Devil. 

The song’s video features scenes of Lil Nas X in sensual form, including him giving a caricature of Satan a lap dance. This particularly angered many religious groups, including Christian allies of the LGBTQ community who USA Today reported criticized the video for “going too far to prove a point.’”

Macaulay is a fan of Lil Nas X, who he dubs as his “favorite artist of all time right now, after Michael Jackson,” and for him, Lil Nas X’s discography extends beyond simple displays of queer identity. 

Macaulay has one thought at the forefront of his mind when he looks at “Call Me By Your Name”: The concept of hell is abusive and a form of scaremongering. 

“The concept of hell is propaganda. It is almost fictional,” says Macaulay. “The idea that if you do something wrong you will go to hell, is wrong in and of itself. Homosexuality was never wrong. Homophobia is wrong.”

Little Nas X performs on Saturday Night Live on May 22, 2021. (Screenshot)

He further underlines that God made gay people, and supports this with a scripture from the book of Philippians which loosely points to God’s omnipotent knowledge before, during, and after one’s life on earth. 

Macaulay says that people should listen to Lil Nas X’s pain, and not rebuke him, because he speaks for millions of gay people.

“The reality is that when you tell people that they are going to hell, you are excommunicating them from living their own lives appropriately,” says Macaulay.

Macaulay nonetheless has a deep admiration for today’s younger generations, especially because they refuse to align themselves with the bigotry that ravages societal discourse about identity. 

“I’m really glad for the young people that have stepped out. They are fighting back. They are the warriors and heroes saying, ‘Enough is enough. I’m proud, queer and African,’” says Macaulay. “I think that the sad reality for the Christian community is that they’re missing out on the gift and talents of the queer community [by being exclusive].”

Macaulay and House of Rainbow have created “GAYMoment,” a weekly online service that centers queer worship. Each Sunday, queer people from around the world gather online for prayer, sermon, and testimonies, all provided by queer people. 

Macaulay champions sex positivity

Discussing sex and sexual identity is a topic from which Macaulay does not shy away. In fact, it is one that although he is a religious leader, he also approaches as a person of faith. 

Macaulay, who lives with HIV, is a proponent of sex positivity.

“I think it’s important for every adult human being to experience a sexual relationship that is appropriate, suitable, and consensual,” says Macaulay. “It is important that everyone in their lifetime engages positively with sex, particularly adults. I don’t recommend it for minors though.”

Macaulay is also a vocal advocate for having honest and open conversations about sex and sexuality. He gives credence to the fact that society needs to address the lack of comprehensive sex education. 

“Countries that have [addressed sex education] are doing better. They have less cases of STIs and teenage pregnancies,” says Macaulay. “Also, students get more opportunities to know more about various sexulities.”

Sex education should be age-appropriate and geared towards protecting children, minors, and vulnerable adults, says Macaulay. He believes that children should know about their bodies and be armed with the confidence to talk to adults when their boundaries are violated. 

Thus, by keeping advocacy as the focal point, Macaulay, who is affectionately known as “Mama Jide” functions in a quintessential role in the queer community, one similar to that of house mothers in ballroom culture who outstretch themselves to the limits to ensure that their children not only have their basic needs, but also reach a point of complete self-actualization and realization of their purpose in life.

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