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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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The White House

Trump-Vance administration ‘has dismantled’ US foreign policy infrastructure

Current White House took office on Jan. 20, 2025

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President Donald Trump took office on Jan. 20, 2025. (Public domain photo courtesy of the White House's X page)

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights, on the eve of the first anniversary of the Trump-Vance administration said its foreign policy has “hurt people” around the world.

“The changes that they are making will take a long time to overturn and recover from,” she said on Jan. 14 during a virtual press conference the Alliance for Diplomacy and Justice, a group she co-founded, co-organized.

Amnesty International USA National Director of Government Relations and Advocacy Amanda Klasing, Human Rights Watch Deputy Washington Director Nicole Widdersheim, Human Rights First President Uzra Zeya, PEN America’s Jonathan Friedman, and Center for Reproductive Rights Senior Federal Policy Council Liz McCaman Taylor also participated in the press conference.

The Trump-Vance administration took office on Jan. 20, 2025.

The White House proceeded to dismantle the U.S. Agency for International Development, which funded LGBTQ and intersex rights organizations around the world.

Thousands of people on Feb. 5, 2025, gathered outside the U.S. Capitol to protest the Trump-Vance administration’s efforts to dismantle the U.S. Agency for International Development. (Courtesy photo)

Secretary of State Marco Rubio last March announced the State Department would administer the 17 percent of USAID contracts that had not been cancelled. Rubio issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the U.S. foreign aid freeze the White House announced shortly after it took office.

The global LGBTQ and intersex rights movement has lost more than an estimated $50 million in funding because of the cuts. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down.

Stern noted the State Department “has dismantled key parts of foreign policy infrastructure that enabled the United States to support democracy and human rights abroad” and its Bureau of Democracy, Human Rights, and Labor “has effectively been dismantled.” She also pointed out her former position and others — the Special Representative for Racial Equity and Justice, the Ambassador-at-Large for Global Women’s Issues, and the Ambassador-at-Large for Global Criminal Justice — “have all been eliminated.”

President Donald Trump on Jan. 7 issued a memorandum that said the U.S. will withdraw from the U.N. Entity for Gender Equality and the Empowerment of Women and more than 60 other U.N. and international entities.

Rubio in a Jan. 10 Substack post said UN Women failed “to define what a woman is.”

“At a time when we desperately need to support women — all women — this is yet another example of the weaponization of transgender people by the Trump administration,” said Stern.

US ‘conducting enforced disappearances’

The Jan. 14 press conference took place a week after a U.S. Immigration and Customs Enforcement agent killed Renee Good, a 37-year-old woman who left behind her wife and three children, in Minneapolis. American forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation. Trump also continues to insist the U.S. needs to gain control of Greenland.

Colombians protest against U.S. President Donald Trump in Plaza Bolívar in Bogotá, Colombia, on Jan. 7, 2026. (Washington Blade photo by Michael K. Lavers)

Widdersheim during the press conference noted the Trump-Vance administration last March sent 252 Venezuelans to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

One of them, Andry Hernández Romero, is a gay asylum seeker who the White House claimed was a member of Tren de Aragua, a Venezuelan gang the Trump-Vance administration has designated as an “international terrorist organization.” Hernández upon his return to Venezuela last July said he suffered physical, sexual, and psychological abuse while at CECOT.

“In 2025 … the United States is conducting enforced disappearances,” said Widdersheim.

Zeya, who was Under Secretary of State for Civilian Security, Democracy, and Human Rights from 2021-2025, in response to the Blade’s question during the press conference said her group and other advocacy organizations have “got to keep doubling down in defense of the rule of law, to hold this administration to account.”

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Greenland

The Greenland lesson for LGBTQ people

Playbook is the same for our community and Europeans

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(Photo by Maridav/Bigstock)

I understand my own geopolitical limits and don’t pretend to know how Europeans should respond to U.S. threats to seize Greenland or retaliate against anyone who opposes them. However, as I mentioned in March, it’s clear that for Europeans and LGBTQ+ people alike, hug-and-kiss diplomacy is over.

In practice, that means responding to the U.S. administration’s provocations with dialogue, human‑rights rhetoric, and reasoning may now be counterproductive. It looks weak. At some point, Europeans will have to draw a line and show how bullying allies and breaking international agreements carry a cost — and that the cost is unpredictable. On the surface, they have few options; like LGBTQ+ communities, they are very behind in raw power and took too long to wake up. But they still have leverage, and they can still inflict harm.​

Maybe it is time for them to call the bluff. America has a great deal to lose, not least its reputation and credibility on the world stage. Stephen Miller and Pete Hegseth, with all their bravado, obviously underestimate both the short‑ and long‑term geopolitical price of ridicule. Force the United States to contemplate sending troops into an ally’s territory, and let the consequences play out in international opinion, institutions, and markets.​

In the United States, LGBTQ+ communities have already endured a cascade of humiliations and live under constant threat of more. In 2025 our symbols and heroes were systematically erased or defaced: the USNS Harvey Milk was quietly renamed after a straight war hero, Admiral Rachel Levine’s title and image were scrubbed from official materials, Pride flags were banned from public buildings, World AIDS Day events were defunded or stripped of queer content, the Orlando memorial and other sites of mourning were targeted, the U.S. lead a campaign against LGBTQ+ language at the U.N., and rainbow crosswalks were literally ripped up or painted over. We cannot simply register our distress; we must articulate a response.​

In practice, that means being intentional and focused. We should select a few unmistakable examples: a company that visibly broke faith with us, a vulnerable political figure whose actions demand consequences, and an institution that depends on constituencies that still need us. The tools matter less than the concentration of force — boycotts, shaming, targeted campaigning all qualify — so long as crossing certain lines produces visible, memorable costs.​

A friend suggested we create what he called a “c***t committee.” I liked the discipline it implies: a deliberate, collective decision to carefully select a few targets and follow through. We need a win badly in 2026.

These thoughts are part of a broader reflection on the character of our movement I’d like to explore in the coming months. My friends know that anger and sarcasm carried me for a long time, but eventually delivered diminishing returns. I am incrementally changing these aspects of my character that stand in the way of my goals. The movement is in a similar place: the tactics that served us best are losing effectiveness because the terrain has shifted. The Greenland moment clarifies that we must have a two-pronged approach: building long-term power and, in the short term, punching a few people in the nose.

Fabrice Houdart published this column on his weekly Substack newsletter. The Washington Blade has republished it with his permission.

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District of Columbia

Sold-out crowd turns out for 10th annual Caps Pride night

Gay Men’s Chorus soloist sings National Anthem, draws cheers

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A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals. (Washington Blade photo by Lou Chibbaro, Jr.)

A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.

Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.

The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.

The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.

“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.

Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22

Dana Nearing sings the National Anthem at the Washington Capitals Pride Night on Jan. 17. (Washington Blade photo by Lou Chibbaro, Jr.)

 A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.

Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.

“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.

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