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Holder OKs attorneys general not defending marriage bans

‘I believe we must be suspicious of legal classifications based solely on sexual orientation’

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Eric Holder, United States Justice Department, Barack Obama Administration, Lincoln Memorial, the 50th Anniversary of the March on Washington, civil rights, gay news, Washington Blade

U.S. Attorney General Eric Holder said state attorneys general don’t need to defend marriage bans in court (Washington Blade file photo by Michael Key).

U.S. Attorney General Eric Holder told state attorneys general on Tuesday that refusing to defend same-sex marriage bans in court is consistent with the American idea that “all are created equal and entitled to equal opportunity.”

Holder made the remarks as part of his speech at the winter meeting for the National Association of Attorneys General, which this year took place in D.C. at the Ritz Carlton.

The attorney general said he believes state officials can decline to defend marriage bans in court as he maintained decisions not to defend laws “must be exceedingly rare” and not stem from policy disagreements.

“But in general, I believe we must be suspicious of legal classifications based solely on sexual orientation,” Holder said. “And we must endeavor – in all of our efforts – to uphold and advance the values that once led our forebears to declare unequivocally that all are created equal and entitled to equal opportunity.”

Holder’s remarks are consistent with his remarks during an interview published Monday in The New York Times in which he was quoted as saying attorneys general aren’t obligated to defend laws they believe are discriminatory.

As Holder noted, attorneys general in Pennsylvania, Virginia, Nevada and, most recently, Oregon have determined they cannot defend their state marriage bans in court following the Supreme Court decision against the Defense of Marriage Act. Each of the states that these official represent have continued to enforce the marriage bans as the litigation proceeds through the courts.

Holder said these decisions not to defend the bans against lawsuits seeking marriage equality is along with lines of his decision in February 2011 to no longer defend DOMA in court.

“As I’ve said before, this decision was not taken lightly,” Holder said. “Our actions were motivated by the strong belief that all measures that distinguish among people based on their sexual orientation must be subjected to a heightened standard of scrutiny – and, therefore, that this measure was unconstitutional discrimination.”

Doug NeJaime, who’s gay and a law professor at University of California, Irvine, said Holder’s declaration amounts to support for attorneys general who don’t wish to defend marriage bans in their states.

“While I anticipate that some state attorneys general will dismiss Holder’s comments as unnecessary meddling in state affairs, I view his remarks as a declaration regarding sexual orientation equality that is consistent with his — and the Administration’s — position on these issues,” NeJaime said. “And given that multiple attorneys general at the state level have now declined to defend their state marriage bans, he is giving them support.”

In recent months, Holder has been a mouthpiece for the Obama administration on the advancement of LGBT rights.

The attorney general delivered the announcement that the federal government would recognize same-sex marriages performed in Utah when they were briefly available in the state. More recently, Holder announced the Justice Department would recognize same-sex marriages for its purposes, which includes the right to decline to testify against a spouse in court and the ability to file jointly file bankruptcy.

“This, after all, is the essential duty to which all of us – as attorneys general – have been sworn: not just to win cases, but to see that justice is done,” Holder said. “This is the cause that brings us together in Washington this week – working to confront the threats and seize the opportunities before us. And this is the extraordinary task with which the American people have entrusted the leaders in this room – and the challenge that all justice professionals are called to address: not merely to use our legal system to settle disputes and punish those who have done wrong, but to answer the kinds of fundamental questions – about fairness and equality – that have always determined who we are and who we aspire to be, both as a nation and as a people.”

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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

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Brasília, the Brazilian capital, in 2022. The second round of the country's presidential election will take place on Oct. 25, 2026. (Washington Blade photo by Michael K. Lavers)

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 47.26-44.89 percent margin with 98.65 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.

A Brazilian Workers’ Party supporter campaigns outside a Metro station in Rio de Janeiro’s Ipanema neighborhood on Oct. 3, 2026. President Luiz Inácio Lula da Silva heads the party. (Washington Blade photo by Michael K. Lavers)

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.

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U.S. Federal Courts

Renee Good’s family files two federal lawsuits

ICE officer killed lesbian mother of three in Minneapolis in January

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A protest near the White House on Jan. 10, 2026, in response to Renee Good's death in Minneapolis. Good's partner and her family have filed two federal lawsuits. (Washington Blade photo by Michael Key)

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.”

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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

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(Photo by Lora Sutyagina/Bigstock)

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.

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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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