News
Mormons make case for Utah, Okla. marriage bans
LDS Church joins other religious groups in legal filing before Tenth Circuit

The Mormon Church filed a brief before the Tenth Circuit in opposition to same-sex marriage. (Photo from wikimedia by Joe Ravi)
The Mormon Church joined other major Christian groups on Monday in filing a legal brief supporting bans on same-sex marriage in Utah and Oklahoma, although they rely on a study that authors say shouldn’t be used as evidence against same-sex marriage.
The 53-page document urges the U.S. Tenth Circuit Court of Appeals to uphold bans on same-sex marriage on the argument that children are better off when raised by opposite-sex parents.
“Every child has a father and a mother,” the brief states. “Procreation within a stable male-female marriage gives a child a uniquely full human context that accounts for both the child’s biology and the deeper intentions and commitments of the child’s parents. The male-female ideal in marriage and parenting provides children security and other irreplaceable benefits.”
To bolster this argument, the brief on page 24 relies on a 2002 study from the D.C.-based non-profit Child Trends, titled “Marriage from a Child’s Perspective: How Does Family Structure Affect Children and What Can We Do About It?” The study makes no explicit reference to same-sex marriage.
But anti-gay groups have cited this study before in separate briefs filed before the Supreme Court last year in favor of California’s Proposition 8 and the Defense of Marriage Act — much to the objection of its authors who say their research says nothing about same-sex marriage.
Frank Walter, a spokesperson for Child Trends, reiterated that objection Tuesday in an email to the Washington Blade.
“Child Trends has been diligent in noting that it is inaccurate to make conclusions about the well-being of children being raised in same-sex households based on our study on heterosexual households,” Walter said. “As noted, this was not part of the study. In fact, we made this case in parliamentary hearings on this issue in Ireland when we were alerted that our information was being misrepresented.”
The study was also cited in the legal brief that the state of Utah filed last week before the Tenth Circuit in favor of its ban on same-sex marriage. The research also comes up in at least one other friend-of-the-court brief that was signed by social scientists and Mark Regenrus, who produced a discredited study against same-sex parenting.
Major psychological and family groups have disputed the notion that gay parents aren’t as fit as straight parents in raising children. Last year, the American Academy of Pediatrics came out in support of same-sex marriage.
Walter encouraged experts on the issue to research the issue of same-sex parenting because of the prevalence of LGBT families.
“We do not have data on children in same-sex families but hope research will be done in this area given the significant number of gay and lesbian families raising children,” Walter said.
The brief was filed in two separate cases related to same-sex marriage: one is the case filed against Utah’s ban, known as Kitchen v. Herbert, the other is the case filed against Oklahoma’s ban, known as Bishop v. Smith.
In addition to the LDS Church, other groups listed on the filing are the United States Conference of Catholic Bishops; National Association of Evangelicals; the Ethics & Religious Liberty Commission of the Southern Baptist Convention; and Lutheran Church—Missouri Synod.
The LDS Church is joining others in filing the brief despite an earlier media report from local Salt Lake City affiliate FOX 13 saying the church wouldn’t issue a filing in the case. The church didn’t immediately respond to a request for comment on why it was participating in filing despite this report.
Additionally, the brief cautions the court against striking down marriage bans on the basis that they adhere to the traditional concerns of morality, suggesting they should be upheld on the basis of freedom of religion.
“It follows that subjecting marriage laws and amendments to unusual constitutional scrutiny because they coincide with traditional morality would also raise grave First Amendment concerns,” the brief states. “Though differing religious groups may align on different sides of the marriage issue, judges cannot pronounce the religious beliefs of one set of voters progressive and another ignorant or hateful.”
The brief is along the lines of similar filings that the Mormon Church and other religious groups submitted before the U.S. Supreme Court last year when California’s Proposition 8 and the Defense of Marriage Act were before the court.
But there’s a key difference: even though the earlier filing included other groups, the only law firm in that document was the Salt Lake City-based Kirton & McConkie, which handles legal matters for the LDS church. Now, Anthony Picarello, general counsel for the U.S. Conference of Catholic Bishops, has joined that firm in signing the document before the Tenth Circuit.
Furthermore, the brief disputes the assertion often made by LGBT advocates (and courts) that bans on same-sex marriage were motivated out of animus toward LGBT people — a key consideration in determining the measures are unconstitutional.
“The accusation is false and offensive,” the brief states. “It is intended to suppress rational dialogue and democratic conversation, to win by insult and intimidation rather than by reason, experience, and fact. In truth, we support the husband-wife definition of marriage because we believe it is right and good for children, families, and society.”
John Gustav-Wrathall, senior vice president of the LGBT Mormon group Affirmation, said he concurs with the view the church isn’t motivated by animus in its opposition to same-sex marriage.
“There may be animus within the Mormon population, just as there is in the population at large,” Gustav-Wrathall said. “Some of that animus may fuel fervor for political activism against same-sex marriage. But generally we’ve seen tremendous progress in the understanding of LGBT people and of same-sex relationships in the church within recent years.”
The Mormon Church has been a key opponent of same-sex marriage after taking a lead role in passing Prop 8 in 2008. Although the church, with a few exceptions, largely stayed out the ballot fights in 2012, it was vocal against the legalization of same-sex marriage in Hawaii and has participated in legal cases to defend bans on same-sex marriage.
Brazil
Lula, Flávio Bolsonaro to face off in second round of Brazilian presidential election
Neither man received at least 50 percent of the vote on Sunday
SÃO PAULO — President Luiz Inácio Lula da Silva will face off against Sen. Flávio Bolsonaro in the second round of Brazil’s presidential election on Oct. 25 after neither man received more than 50 percent of the vote in the first round that took place on Sunday.
Bolsonaro was ahead of Lula by a 47.03-45.16 percent margin with 100 percent of the vote counted.
Lula in 2022 defeated Bolsonaro’s father, then-President Jair Bolsonaro, in that year’s presidential election.
The Brazilian Supreme Court last year sentenced Bolsonaro — who repeatedly targeted LGBTQ Brazilians and other groups while in office — to more than 27 years in prison for his role in an attempted coup that saw thousands of his supporters storm the Congress, presidential palace, and the Supreme Court itself on Jan. 8, 2023. Bolsonaro is currently serving his sentence at his home in Brasília, the country’s capital, because of his poor health. His son has pledged to pardon him if he becomes the country’s next president.
Lula, who leads Brazil’s leftist Workers’ Party, was Brazil’s president from 2003-2010.
Sergio Moro, a judge who Jair Bolsonaro later tapped as his government’s Justice and Public Security Minister, in 2017 sentenced Lula to 9 1/2 years in prison after his conviction on money laundering and corruption charges that stemmed from Operation Car Wash.
The Supreme Court in November 2019 ordered Lula’s release.

VoteLGBT, an organization that seeks to increase LGBTQ representation in Brazilian politics, noted 529 openly LGBTQ candidates ran in this year’s election. More than 100 of them are either transgender or travesti.
The Washington Blade will cover the results of these races when they become available.
U.S. Federal Courts
Renee Good’s family files two federal lawsuits
ICE officer killed lesbian mother of three in Minneapolis in January
The family of lesbian woman who a U.S. Immigration and Customs Enforcement killed in Minneapolis in January have filed two federal lawsuits.
The Associated Press notes Renee Good’s partner, Becca Good, and her brother, Brent Ganger, in the lawsuits accuse the Trump-Vance administration and ICE officer Jonathan Ross of “unjustified and excessive use of force.”
Renee Good was a 37-year-old mother of three.
Ross on Jan. 7 shot and killed her in Minneapolis.
The shooting took place during the Trump-Vance administration’s so-called Operation Metro Surge that targeted Somalis and other immigrant groups in Minneapolis. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the U.S. Department of Veterans Affairs, in Minneapolis.
Both shooting sparked outrage across the U.S. and around the world.
“Every morning, she is my first thought. I think about how the kids are growing up without their mama, and how I will grow old without the love of my life. I think about how we should have had 40 more years together. But I also think about what she would have wanted after all of this,” said Becca Good in a statement the Human Rights Campaign released after she and her partner’s family announced the lawsuits.
“As we have tried to navigate our own massive loss, I am also devastated by how many other lives have been destroyed in this darkest of times. So many other families are dealing with the loss of their loved ones; to everyone who has had to witness it — the pain of this moment extends far beyond our family,” added Becca Good. “What happened to us should never happen to any family. No child should grow up without a parent because of it. No one should lose their sister or their daughter. No one should have to live without their soulmate. Accountability — real accountability — is the only way to make sure that no other family has to go through what we have.”
HRC President Kelley Robinson in her own statement said the Good family “is one of our own — and today, the Human Rights Campaign joins them in demanding justice.”
“It has been eight months and 24 days since Renee was shot and killed by an ICE agent, and the United States government has failed to take responsibility for its actions,” said Robinson. “Her partner, Becca, and brother Brent, have made the brave and bold decision to hold the government accountable, and we stand with them. Like every person murdered by ICE, Renee should be alive today. The Goods were robbed of what every American family deserves: to be together.”
Turkey
House Democrats urge White House to confront Turkish government over anti-LGBTQ crackdown
More than 60 lawmakers signed letter to Secretary of State Marco Rubio
More than 60 House Democrats on Thursday called upon the Trump-Vance administration to confront the Turkish government over its anti-LGBTQ crackdown.
Turkish authorities last month detained dozens of people during raids that targeted the country’s LGBTQ community, advocacy groups, and HIV/AIDS service organizations. Journalists were among those taken into custody outside an Istanbul courthouse on Sept. 15 during a protest against the raids that are part of the government’s “My Family Is Safe” campaign.
Council for Global Equality is among the groups that organized a protest outside the Turkish Embassy in D.C. on Sept. 18.
View on Threads
U.N. High Commissioner for Human Rights Volker Türk on Sept. 21 during a U.N. LGBTI Core Group event that took place on the sidelines of the U.N. General Assembly specifically referenced Turkey.
The Core Group is a group of U.N. member states that have pledged to support LGBTQ and intersex rights.
The U.S. withdrew from the Core Group after the Trump-Vance administration took office. The White House has not publicly commented on Turkey’s anti-LGBTQ crackdown.
“These developments warrant an urgent diplomatic response from the United States to protect the rights of freedom of expression, association, and assembly for all Turkish citizens, regardless of their sexual orientation or gender identity,” reads the letter the lawmakers sent to Secretary of State Marco Rubio. “We therefore urge you to use all available channels to raise these concerns directly with the Turkish government; press for the immediate release of those arrested and detained for their legitimate human rights activities; and ensure that the U.S. Embassy in Ankara closely monitors related judicial proceedings.”
“We further urge the Department to press Turkish authorities to cease efforts to criminalize LGBTQI+ organizations and advocacy and to affirm the right of all people to peacefully assemble,” it adds.
Arizona Congresswoman Yassamin Ansari and U.S. Rep. Dina Titus (D-Nev.) spearheaded the letter. House Speaker Emerita Nancy Pelosi (D-Calif.); House Foreign Affairs Ranking Member Gregory Meeks (D-N.Y.); Del. Eleanor Holmes Norton (D-D.C.); Delaware Congresswoman Sarah McBride, and U.S. Rep. Mark Takano (D-Calif.), who chairs the Congressional Equality Caucus, are among the 65 House Democrats who signed the letter.
“The United States must be a leader in defending human rights and what is happening in Turkey demands an urgent diplomatic response. It’s absolutely appalling to see LGBTQI+ people and the organizations that stand up for their rights be targeted by the (President Recep Tayyip) Erdogan regime,” said Ansari in a press release. “I stand proudly with the LGBTQI+ community here and abroad and will continue to fight for their right to live openly, freely, and without fear, anywhere and everywhere.”
The press release notes the Human Rights Campaign, the Council for Global Equality, and the Planned Parenthood Federation of America support the letter.
“Turkey’s attacks on its LGBTQI+ community are a disturbing reminder that the fight for equality and human rights does not stop at our borders. No one should be silenced or detained for simply being who they are or peacefully demanding dignity and freedom,” said HRC Government Affairs Senior Director Jennifer Pike Bailey. “We are grateful to Representatives Ansari and Titus for recognizing that the fight for LGBTQI+ equality is global and that, even amid the many challenges facing our community here at home, we cannot turn our backs on LGBTQI+ people facing persecution abroad.”
A State Department spokesperson on Friday told the Washington Blade that “as a matter of policy, we do not comment on congressional correspondence.”
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