News
Judge orders Kentucky to recognize married gay couples
Order follows ruling striking down ban for those that wed elsewhere
A federal judge has ordered Kentucky to begin recognizing out-of-state same-sex marriages in the aftermath of his earlier ruling Ā against the state’s ban on gay unions.
U.S. District Judge John Heyburn issued the two-page order on Thursday, saying laws prohibiting recognition of out-of-state same-sex marriages in Kentucky “violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and they are void and unenforceable.”
Heyburn was confirmed to the federal bench by the Senate in 1992 after being recommended by Sen. Mitch McConnell (R-Ky.) and nominated by President George H.W. Bush. On Feb. 12, he ruled against Kentucky’s constitutional ban on same-sex marriage, approved by Kentucky voters in 2004, but only with respect to recognition of out-of-state marriages performed in other jurisdictions.
Earlier in the day, Attorney General Jack Conway filed a Ā request with the judge asking for a 90-day stay to determine if an appeal will be made or what action the state must otherwise take. The judge has not yet issued a response to the request. [UPDATE: On Friday, Heyburn issued a 21-day stay in his order, allowing Kentucky to wait to recognize until March 20].
In a statement provided to the Washington Blade, Conway said he and Gov. Steve Beshear are reviewing whether to appeal the case to the U.S. Sixth Circuit Court of Appeals.
āI received Judge Heyburnās final order and am in the process of reviewing it,” Conway said. “I have 30 days to determine whether or not to file an appeal in this case, which is why I asked Judge Heyburn for a stay of his order this morning. I will be determining promptly, in consultation with Gov. Beshear, whether or not to file an appeal in this case.ā
The lawsuit, Bourke v. Beshear, was filed on behalf of four gay and lesbian couples that legally married outside Kentucky and sought seeking recognition of the union in their state.
The judge has now also allowed two unmarried couples to intervene in the case: Timothy Love and Lawrence Ysuna as well as Maurice Blanchard and Dominique James. They’re arguing that they should be allowed to marry in Kentucky, but the judge has not yet ruled on that issue.
Congress
Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth
Bill is backed by Democrats in both chambers
U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.
āAccessing mental health care and support has become increasingly difficult in nearly every state in the country,āĀ said Butler, who is the first Black LGBTQ senator. āBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”
“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.
āMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.āĀ
The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”
For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.
Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.
Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.
Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.
District of Columbia
D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions
LGBTQ entertainment, advocacy organization praised for āvital workā
D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.
āWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā the proclamation states.
The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for āBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā
It also praises Team Rayceen Productions for its partnership with the Mayorās Office of LGBTQ Affairs in helping to produce āexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā
āWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā the proclamation continues.
āNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā it concludes.
āWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā Team Rayceen Productions says in a statement. āStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorās Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationās Capital,ā the statement says.
“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā as online co-hosts, event staff, performers, DJs, photographers, and more,ā says the statement.
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.
The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.
When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.
The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows āderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”
The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that āit is not clearly established that all drag shows are inherently expressive.”
Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ātext, history and tradition.”
Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.
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