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Oregon AG won’t defend marriage ban in court

Says law cannot withstand scrutiny ‘under any standard of review’

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Ellen Rosenblum, Oregon, gay news, Washington Blade
Ellen Rosenblum, Oregon, gay news, Washington Blade

Oregon Attorney General Ellen Rosenblum won’t defend her state’s marriage ban in court. (Photo public domain)

Oregon Attorney General Ellen Rosenblum announced on Thursday she won’t defend the state’s ban on same-sex marriage against a legal challenge, saying the law cannot withstand judicial scrutiny “under any standard of review.”

Meanwhile, the campaign led by Oregon United for Marriage to bring marriage equality to the state via ballot measure in November says it is holding the surplus of signatures already collected pending the outcome of the lawsuit.

In a seven-page legal filing, Rosenblum says the state largely agrees with the contentions against the ban on same-sex marriage raised by plaintiffs in the case, known as Rummel v. Kitzhaber.

“State Defendants will not defend the Oregon ban on same-sex marriage in this litigation,” Rosenblum concludes. “Rather, they will take the position in their summary judgment briefing that the ban cannot withstand a federal constitutional challenge under any standard of review.”

A Democrat elected to office in 2012, Rosenblum’s decision is along the lines of her earlier determination in October that Oregon should respect same-sex marriages performed in other jurisdictions.

Among the allegations that Rosenblum says the state won’t dispute in the lawsuit is the assertion that domestic partnerships, which Oregon has allowed since 2008, aren’t the equivalent of marriage.

“State Defendants admit that performing same-sex marriages in Oregon would have no adverse effect on existing marriages, and that sexual orientation does not determine an individual’s capacity to establish a loving and enduring relationship,” Rosenblum writes. “State Defendants likewise admit that domestic partnership registration confers many legal protections but not all of the rights, obligations, and privileges associated with marriage.”

Her decision not to defend the ban is consistent with the position of Nevada Attorney General Catherine Cortez Masto. Both Nevada and Oregon lie in the Ninth Circuit, where the U.S. Ninth Circuit Court of Appeals decided heightened scrutiny applies to laws related to sexual orientation in the case of SmithKline v. Abbott Laboratories.

Notably, Rosenblum never mentions the SmithKline decision or legal precedent for heightened scrutiny in announcing her decision that she won’t defend Oregon’s ban. Instead, she concludes the law fails under any standard of review.

Thomas Wheatley, director of organizing at Freedom to Marry and an adviser to Oregon United for Marriage, praised Rosenblum.

“Attorney General Rosenblum is right in refusing to waste taxpayers’ dollars by defending the indefensible anti-marriage law in Oregon,” Wheatley said. “Rosenblum is joined by other attorneys general from Virginia, Pennsylvania, and Nevada; and even Republican Governor Brian Sandoval in Nevada, who all came to the same conclusion that the state cannot in good conscience defend a law denying committed same-sex couples the freedom to marry.”

Brian Brown, president of the anti-gay National Organization for Marriage, nonetheless criticized Rosenblum for what he said was abandoning her constitutional duties.

“Attorney General Ellen Rosenblum is shamefully abandoning her constitutional duty to defend the marriage amendment overwhelmingly enacted by the people of Oregon,” Brown said. “She swore an oath of office that she would enforce all the laws, not just those she personally agrees with. The people are entitled to a vigorous defense of the laws they enact, and the marriage amendment is no exception to that solemn obligation.”

The case is pending in the U.S. District Court for the District of Oregon before U.S. District Judge Michael McShane, who’s gay and among the handful of openly gay federal judges serving on the federal bench. Oral arguments in the case are set for April 23.

Legal experts say the Ninth Circuit precedent for applying heightened scrutiny to matters related to sexual orientation bodes well for rulings in favor of marriage equality within this jurisdiction.

Campaign holding signatures for ballot initiative

At the same time the litigation is advancing, LGBT activists were preparing to bring the issue to the ballot once more in 2014 to reverse the ban and legalize same-sex marriage in Oregon.

Mike Marshall, campaign manager for Oregon United for Marriage, announced following Rosenblum’s decision that his campaign has already collected 160,000 signatures — more than the 116,284 needed by July 3 to qualify the measure for the ballot — but is placing those efforts on hold pending the outcome of the federal lawsuit.

“Now that we have done the hard work of assuring a place on the ballot and moving public opinion, we have the ability to wait for the courts to do the right thing,” Marshall said. “No one is interested in engaging in an expensive political campaign if we don’t have to. We have more than 4,000 volunteers across Oregon to thank for that.”

Meanwhile, Oregon United for Marriage is planning a statewide tour for the first two weeks of March to talk to supporters of same-sex marriage about the campaign’s next steps.

In 2004, Oregon voters approved at the ballot a constitutional ban on same-sex marriage with 57 percent of the vote. But public opinion has since changed. According to a poll unveiled Thursday by Oregon United for Marriage, 55 percent of likely November voters support same-sex marriage while 41 percent are opposed.

As preparations for the marriage initiative are underway, Oregon anti-gay groups are working to place on the ballot a religious exemption initiative on the ballot that would carve out a portion of state civil rights law to allow businesses to discriminate against same-sex couples.

Marshall said he’s prepared for a campaign against the anti-gay measure regardless of what happens with the marriage initiative.

“At a moment when Oregonians should be celebrating the imminent end of discrimination against loving, committed couples—we’re gearing up to fight another effort to write discrimination back into our laws,” Marshall said.

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District of Columbia

Center Arts Gallery celebration, auction to take place on Oct. 17

D.C. LGBTQ+ Community Center to mark event’s 10th anniversary

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(Washington Blade file photo by Michael Key)

The D.C. LGBTQ+ Community Center is hosting its 10th anniversary celebration of the opening of its Center Arts Gallery on Saturday, Oct. 17, at the Center’s offices at 1827 Wiltberger St., N.W., from 6 – 9 p.m.

“For 10 years, the D.C. LGBTQ+ Community Center’s Arts Gallery has been more than a place where art is displayed,” a statement released by the center says.

“It has been a space where LGBTQ+ artists are seen, celebrated, and connected to community, and where their work has given expression to the stories of joy, resistance, grief, beauty, survival, courage, and imagination,” the statement adds.

It says those attending the event would have an opportunity to bid on donated artwork in an auction and to meet and interact with “the artists whose creativity has helped bring Center Arts Gallery to life, enjoy wonderful food and music, and celebrate a decade of LGBTQ+ artistic expression.”

But the statement posted on the LGBTQ+ Community Center’s website says free general admission tickets may have been sold out, with $75 VIP tickets still available. It says the proceeds from ticket sales will be used to help support the LGBTQ+ Community Center’s operations.

Attendees and others were also invited to an event after party at the LGBTQ bar and cafe Spark Social from 9-11 p.m. at 2009 14th St., N.W.

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Comings & Goings

Richard Garrett honored by Delaware governor

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Richard Garrett

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]. 

Congratulations to Richard Garrett on being honored by Delaware Gov. Matt Meyer with the Order of the First State. Garrett is executive director of the Children’s Beach House, in Lewes, Del. Upon accepting the honor he said, “I am deeply honored to be recognized by Governor Meyer with the Order of the First State, but I hope this occasion also shines a light on children who are struggling in some of the same ways I struggled as a child and teenager. Perseverance, connection, patience, and the presence of caring adults made all the difference in my life. For 24 years, my greatest privilege has been helping Children’s Beach House create that same sense of belonging and possibility for children and families across Delaware. They are strong, smart, resilient, and resourceful—and they deserve every opportunity to discover just how much they are capable of becoming.” 

He told the Blade, “In many ways, my own childhood helps explain why this work has been so deeply personal to me. I grew up in a family that struggled financially, and I had a speech impediment so severe that, as a young child, I often could not be understood without one of my siblings acting as an interpreter. Thankfully, I had strong parents and a mother who was an educator. She spent countless hours helping me practice consonant blends and trying to master the “R” and “S” sounds. Just as importantly, she understood that being around other children my own age would teach me things that no adult could. What made a difference in my life were competent, caring adults who built relationships with me and gave me the sense of safety and belonging I needed. People like Sister Kathleen Swan, OSF; Father Gerald M. Dunne, OSFS, Dr. Susan Cassidy and her husband, John Bronson, to name a few!  In many respects, my story mirrors the work we do every day at Children’s Beach House. The children and families we serve are strong, smart, resilient, and resourceful. Sometimes what they need most is for someone to recognize those strengths, stand beside them, and give them the relationships and opportunities they need to flourish.” 

Over the years Garrett has grown the Children’s Beach House’s annual budget from approximately $650,000 in 2003 to $4.5 million while strengthening impact, visibility, and organizational infrastructure. He raised $2.5 million in Delaware foundation capital grants, and established a $7 million endowment for the Margaret H. Rollins Center, a $1 million capital endowment, and increased the general operating endowment to $6 million.  

In addition to all that Garrett is the founder and owner of Midway Motion and Fitness. He is also looking forward to the groundbreaking of Midway Pickleball in 2027. He is treasurer of the Community Foundation Board of Kiwanis Club of Coastal Delaware. He began his career as executive director of the Delaware County Children’s CAMP, Media, Pa.; and was director of Student Affairs for the Williamson Free School of Mechanical Trades, Media, Pa.

Garrett earned his bachelor’s degree in psychology from Neumann University, Aston, Pa.; and did his graduate studies in vocational education, Temple University.

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Turkey

‘Governments that attack LGBTQ+ rights learn from each other’

Turkish authorities on Sept. 12 launched anti-LGBTQ ‘My Family Is Safe’ campaign

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(Photo by Lora Sutyagina/Bigstock)

Sept. 12 is a solemn day for the people of Turkey. It is the anniversary of the 1980 coup d’état — when members of the National Security Council, along with the armed forces, dissolved the Turkish parliament, arrested hundreds of thousands of people, and entered a three-year period of martial law. 

On Sept 12, the 46th anniversary of the 1980 coup, the country faced another wave of arrests; this time they targeted the LGBTQ community. The government launched the national “My Family Is Safe” campaign, which triggered mass raids and arrests of LGBTQ organization leaders, advocates, academics, and sexual health treatment centers for people with HIV. (These include EU-funded organizations launched by the Turkish government in 2005.) Since the nation has seen a decline in birthrate and a swelling economic crisis, this has allowed authoritarian President Recep Tayyip Erdoğan and conservatives in Turkey to use the LGBTQ community as the ideal scapegoat. 

“This is the cruelest part. It was Erdoğan’s own party that made it easier to found NGOs in 2005 as an EU accession process, and that is how many LGBTI+ groups came to be officially registered.” Ali Yildiz, a linguistics graduate student at the University of Cologne in Germany, told the Washington Blade. “Everything was legal, transparent and official. Now those same registrations are being used as arrest lists. The state is basically punishing those who trusted it. It sounds very much like the Nazis. They also used member lists of associations to persecute them later.” 

Yildiz has witnessed the oppression of the Turkish government firsthand: in 2024, he moved to Germany. As one of the board members of a grassroots NGO that focuses on sexual health, Yildiz was at risk of arrest and prosecution. 

As part of the “My Family Is Safe” operation on Sept. 12, police raided Yildiz’s family’s former home to find him. 

In the aftermath of these raids in Turkey’s major cities, protestors have gathered at Turkish embassies across Europe and the U.S.

Activists protest in front of the Turkish Embassy in Northwest Washington on Sept. 18, 2026. (Washington Blade photo by Michael K. Lavers)

A critical discourse has also emerged as a response to the crackdown across international queer media: how should the West cover oppressive regimes abroad? 

“From what I see, the Western reading of Turkey’s crackdown on LGBTI+ people usually goes: it’s a conservative, Muslim country, so this is what you’d expect. I believe that framing is incomplete, and it lets the people responsible off the hook. The Erdoğan regime is also heavily relying on this contextualization,” said Yildiz. “The government is not simply reacting to existing conservatism but is actively shaping it. Look at how operations are presented: raids on LGBTI+ organizations and activists come packaged with claims about drugs, obscenity, sex work, or organized crime on other groups in the news. The evil strategy is to link LGBTI+ people with criminality in the public mind.”

The LGBTQ community is not the only group that has been under the weight of oppression. Political opponents and descendants whom Erdoğan deems criminals are also charged with treason. 

Istanbul Mayor Ekrem İmamoğlu, who is the leading candidate for the upcoming 2028 presidential elections for the opposition center-left Republican People’s Party, was arrested on terrorism charges in 2024. On the same day, he was nominated as the CHP’s presidential candidate.

For a while, X served as a platform to express discontent with the government, but that changed recently when Elon Musk blocked nearly 500 accounts in Turkey. The Turkish government also banned Grok after the AI system responded to a user’s question about Erdoğan, which government leaders found offensive. 

The visibility of these pages has decreased. With a VPN, citizens can still access the pages because they were banned only in Turkey, not internationally. 

Discontent with the government is increasing, but so is government oppression. 

Not only have LGBTQ pages been shut down, but many journalists and academics have also had their pages banned.

The Blade spoke to an anonymous academic living in Ankara, the Turkish capital, who said Erdoğan, U.S. President Donald Trump, and other authoritarian leaders are constantly learning from each other.

“These anti LGBTQ+ policies are being created in the name of preserving traditional family values and are not only a threat to Türkiye,” they said. “It is also a global issue that threatens people everywhere. It should be perceived as an international problem. That is why we LGBTQ+ people need to act in solidarity internationally.” 

Because of the compounding human rights crisis happening simultaneously around the globe, visibility has been advocates in Turkey’s main challenge. 

Since 2022 there have been a series of crackdowns against opposition parties, academics, labor unions, student organizations, journalist and advocates. Another anonymous academic in Istanbul told the Blade that after the 2022 crackdown, “people were intimidated, and most people did not feel encouraged to organize.” 

In the weeks following this recent crackdown, discontent with the Erdoğan government has increased along with inflation and unemployment, not helped by the war in Iran.

“Our leaders do not say anything about the financial crisis,” said the Istanbul academic.

High inflation, high unemployment rates, many factories, and businesses have left Türkiye and transferred their businesses to other countries. And because of the timing of these recent crackdowns, during this financial crisis, many people haven’t been paying attention.

Though for many queer and transgender Turks, post-Sept. 12 life has been radically different. 

“I stopped doing drag in order to protect myself, and many queer performance artist friends of mine have also given up this part of their lives,” said one source who asked the Blade to remain anonymous.

“Everybody is not scared, but they simply bring their fear with them to the march and march courageously, because they believe they are on the right side of history,” they added. “However, I think it is important that people in Turkey are not represented only through their experiences of victimization. There should also be spaces where artists, activists, journalists, and other queer people can express themselves in their own words.”

The justification for this crackdown has been preserving “traditional family and conservative values.” The Turkish government has persecuted these offenses with raids, trials, and arrests that have gone beyond just the LGBTQ community. It targeted last year musicians, performers, and artists whom they deemed obscene or offensive.

In September 2025, the K-pop-inspired girl band Manifest was investigated for three months. Footage from their shows was banned from the internet, and the remainder of their tour was canceled. All seven members of the group faced 3 1/2 months prison sentences before the charges were ultimately dropped. 

“I believe there is no pride for only some of us. Governments that attack LGBTQ+ rights learn from each other.” Yildiz tells the Blade, “Erdoğan borrows from Putin’s playbook, and parts of the Western right eagerly adopt the same rhetoric. This is a call for our community to see how important international solidarity is. People show up every single year for the Pride March, even though they know the police are going to attack. What I see in our community is pure courage.”

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