News
Oregon AG won’t defend marriage ban in court
Says law cannot withstand scrutiny ‘under any standard of review’
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.
Rehoboth Beach
SUNFESTIVAL takes center stage as Rehoboth Beach closes out summer
Labor Day Weekend bustling with events, including David Archuleta performance
Labor Day Weekend marks the unofficial end of summer in Rehoboth Beach, but there will be no shortage of LGBTQ events, with CAMP Rehoboth’s annual SUNFESTIVAL taking over town this weekend.
Thursday (9/3)
Get your Labor Day Weekend started early Thursday night with happy hour from 5-7 p.m. at Diego’s Bar & Nightclub, followed by Naughtee Bingo hosted by Magnolia Applebottom at 8:30 p.m.
After bingo, the party continues with Dancing at Diego’s from 9 p.m. to 1:30 a.m.
Aqua Bar & Grill will also kick off its Labor Day Weekend festivities Thursday with a DJ spinning from 9 p.m.-1 a.m.
Friday (9/4)
The weekend ramps up Friday night at Aqua, where DJ Matt Bailer will keep the dance floor moving from 9 p.m.-1 a.m.
Over at Diego’s, DJ Steve Sidewalk will then take over Diego’s for Freedom Friday from 9 p.m.-1:30 a.m.
Saturday (9/5)
The main event of the weekend arrives Saturday with the opening night of CAMP Rehoboth’s SUNFESTIVAL.
Billed as the ultimate party to close out the summer, SUNFESTIVAL has become one of Rehoboth’s signature Labor Day Weekend events. The annual celebration sells out each year, with proceeds benefiting CAMP Rehoboth.
Doors open at 6:30 p.m. with refreshments available at the cash bar while attendees are invited to socialize and find their seats.
Saturday night will feature local singer Ashley Williams as the opening performer, followed by headliner David Archuleta. The event will also feature a live auction.
Back across town Saturday, Aqua will continue its Labor Day Weekend DJ lineup from 9 p.m. to 1 a.m.
Diego’s will also have plenty happening, with ‘Splash Party’ hosted by Magnolia Applebottom at 5 p.m., followed by a Saturday Dance Party with Brett Oosterhaus from 9 p.m.- 1:30 a.m.
The Blue Moon hosts its popular Legends Show at 9 p.m. It’s an all-live singing show by the Blue Moon cast of celebrity impersonators.
Etienne Pilon has taken Rehoboth by storm this summer. Check out the talented singer/pianist at The Pines from 7-10 p.m.
Sunday (9/6)
Sunday’s SUNFESTIVAL event will shift the focus to the dance floor, with globally renowned DJs Robbie Leslie and James Anthony scheduled to perform. Doors open at 7 p.m., with dancing continuing until 1 a.m.
On Sunday, Aqua will throw its annual White Party, with DJs spinning from 9 p.m.-1 a.m. Guests are encouraged to dress in white for the holiday weekend celebration.
Diego’s will host its Sunday High T-Dance with Pamala Stanley at 5 p.m. Later that evening, DJ Tannr will be spinning at 9 p.m.
John Flynn is on the piano from 6-8 p.m. at the Blue Moon.
Monday (9/7)
The final day of Labor Day Weekend brings one last chance to hit the dance floor before summer officially winds down.
Aqua will close out its five-day Labor Day Weekend celebration with DJ Biff from 3-7 p.m.
Maryland
Anne Arundel schools now need parent permission to call trans students by preferred names
Conservative groups challenged system’s policy
By JESSICA CALEFATI | Anne Arundel County Public Schools staff cannot use transgender students’ preferred names if their parents oppose it, according to an internal document reviewed by the Banner, a change that comes after conservative groups challenged the school system’s approach to gender identity.
Teachers union president Kristina Korona told members in an Aug. 20 email that the new guidance undermines district policy on acceptance and inclusivity and “will begin harming affected students immediately.”
Previously, the district didn’t require parental permission to use a high school student’s chosen name and pronouns corresponding to their gender identity, the internal document says. Now it does. The change comes as parents challenge the suburban school system’s gender identity policy and regulation in court and the Trump-Vance administration threatens the district’s funding.
The rest of this article can be found on the Baltimore Banner’s website.
Arizona
Shooting outside gay bar in Ariz. leaves three dead
Tucson police investigating double murder-suicide as a hate crime
Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.
Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.
The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.
Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.
Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.
Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.
“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”
According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.
Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.
“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”
“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”
Other federal lawmakers also condemned the shooting.
The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.
“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”
The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.
“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”
A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.
PHOTOS: Miss Gay Old Bay
SUNFESTIVAL takes center stage as Rehoboth Beach closes out summer
Anne Arundel schools now need parent permission to call trans students by preferred names
Shooting outside gay bar in Ariz. leaves three dead
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Trans, nonbinary Americans find refuge in the Netherlands
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