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Judge orders Kentucky to recognize married gay couples

Order follows ruling striking down ban for those that wed elsewhere

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Vicco, Kentucky, employment non-discrimination, gay news, Washington Blade

(Image by Seth Ilys via Wikimedia Commons)

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.

ā€œI received Judge Heyburn’s 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.

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Maryland

Moore issues Pride month proclamation

Governor on May 3 signed Trans Health Equity Act

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday proclaimed June as Pride month in recognition of  ā€œthe contributions, resilience, courage and joy of LGBTQIA+ Marylanders,ā€ according to a press release.

ā€œIn Maryland, we lead with love and inclusion. I want everyone in our LGBTQIA+ community to know that they deserve to be seen for who they are, and our administration will stand with them in the fight for equality and equity,ā€ Moore said. ā€œWe need to elevate the stories, embrace the courage, and celebrate the humanity of our LGBTQIA+ community — and as long as I am governor, we will take the steps forward to protect and celebrate all Marylanders.ā€

Moore on March 31 became the first governor in Maryland history to recognize the Transgender Day of Visibility and last month he signed into law the Trans Health Equity Act into law, which requires Maryland Medicaid to provide coverage for gender-affirming care beginning next year.

ā€œThis month is a celebration of the beauty and uniqueness of the queer community, but it’s also a time to reaffirm our commitment to uplifting LGBTQIA+ Marylanders and continuing to fight against hatred, discrimination, and bigotry,ā€ Lt. Gov. Aruna Miller said in the same press release that Moore’s office released. ā€œLGBTQIA+ Marylanders deserve to be who they are, to live their pride — without fear or having to hide. This administration will always stand alongside and protect the rights of all Marylanders.ā€

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The White House

Biden’s Pride month proclamation: ‘Our nation faces another inflection point’

States across the country have passed anti-LGBTQ laws

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The White House was lit in rainbow colors following the Respect for Marriage Act signing in December 2022. (Washington Blade photo by Michael Key)

Just as the 1969 Stonewall riots marked a transformational time for LGBTQ civil rights in America, the country now faces another critical inflection point, President Joe Biden said in the White House’s proclamation Wednesday honoring Pride month.

This moment is precipitated by the wave of hateful anti-LGBTQ legislation moving through state and local legislatures across the country and amid the escalating violence and threats of violence against the community, the statement notes:

“In 2023 alone, state and local legislatures have already introduced over 600 hateful laws targeting the LGBTQI+ community.Ā Books about LGBTQI+ people are being banned from libraries.Ā Transgender youth in over a dozen states have had their medically necessary health care banned.Ā Homophobic and transphobic vitriol spewed online has spilled over into real life, as armed hate groups intimidate people at Pride marches and drag performances, and threaten doctors’ offices and children’s hospitals that offer care to the LGBTQI+ community. Our hearts are heavy with grief for the loved ones we have lost to anti-LGBTQI+ violence.”

Biden drew parallels between the “LGBTQI+ protestors” who “bravely stood their ground” against the law enforcement dispatched to arrest them more than 50 years ago and the youth organizers leading walkouts in response to discriminatory education laws, along with the “young people and their parents [who] are demonstrating unimaginable courage by testifying in state capitols in defense of their basic rights.”

The statement reaffirms the Biden-Harris administration’s commitment to standing “proudly with the LGBTQI+ community in the enduring struggle for freedom, justice and equality,” chronicling some of the major steps the administration has taken on this front.

Biden highlighted his issuance, on his first day in office, of an executive order prohibiting anti-LGBTQ discrimination, along with his signage last year of the Respect for Marriage Act, which codified protects for the rights of same-sex couples that might otherwise be jeopardized by the U.S. Supreme Court’s conservative supermajority.

The statement then noted the administration’s moves to protect LGBTQ youth by ordering federal agencies to: Combat conversion therapy, “end the crisis of homelessness among LGBTQI+ youth and adults,” and address anti-LGBTQ discrimination in foster care.

Meanwhile, Biden said, the Justice Department is fighting against discriminatory laws targeting transgender youth, while the U.S. Departments of Education and Health and Human Services have drafted rules that would better protect anti-LGBTQ discrimination “in healthcare, at school and in sports” and the White House is developing ways to combat online harassment and abuse that “disproportionately target LGBTQ people.”

Finally, the White House noted: Its rollout last year of the Suicide and Crisis Lifeline for LGBTQ youth, who can now reach specially trained counselors by dialing 988 and then three; the administration’s appointment of historic numbers of LGBTQ appointees at all levels of the federal government; and its repeal of bans preventing trans people from serving in the U.S. Armed Forces.

From passing federal nondiscrimination protections for LGBTQ Americans via the Equality Act to addressing “the crisis of violence against transgender women and girls of color,” Biden acknowledged the work that lies ahead.

“This month and every month,” his proclamation concludes, “let us celebrate the pride that powers the movement for LGBTQI+ rights and commit to doing our part to help realize the promise of America, for all Americans.”

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Pentagon

Defense secretary orders cancellation of drag show at Nev. Air Force base

Event was to have taken place at Nellis AFB on Thursday

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Photo courtesy of U.S. Air Force Public Affairs)

A previously scheduled drag show to kick off Pride month on the sprawling Nellis Air Force Base, an advanced combat aviation training facility for the U.S. Air Force northeast of Las Vegas, was cancelled Wednesday according to a Pentagon official, after U.S. Defense Secretary Lloyd Austin and Gen. Mark Milley, chairman of the Joint Chiefs of Staff, stepped in.

A Pentagon source familiar with the matter told the Washington Blade that Milley informed Air Force Chief of Staff Gen. Charles Q. Brown, Jr., that it is not Pentagon policy to fund drag shows on bases and the show needed to be canceled or moved off base. 

The issue over drag performances was a focus at a House Armed Services Committee hearing earlier this year on March 29, when anti-LGBTQ Congressman Matt Gaetz (R-Fla.) demanded in an angry tone that Austin and Milley explain why drag queen story hours were being hosted on U.S. military installations. The Florida Republican mentioned bases in Montana, Nevada, Virginia and Germany.

In a highly publicized incident in May 2022, Stars and Stripes reported that the Commanding General of the 86th Airlift Wing at Ramstein Air Force Base in Germany had a drag queen story time, that was to be held in honor of Pride month cancelled. 

According to Stars and Stripes, the 86th Air Wing’s public affairs sent a statement to a radical-right anti-LGBTQ news outlet in Canada, the Post Millennial, which had requested comment to its article about the event and also accused the Air Force of pushing a more ā€œwokeā€ agenda among servicemen. 

In a press release, U.S. Sen. Marco Rubio (R-Fla.) took partial credit for the cancellation.

Rubio sent a letter to U.S. Air Force Secretary Frank Kendall regarding the Air Force Library at Ramstein hosting a ā€œDrag Queen Story Timeā€ event for young children of servicemembers. 

Rubio urged him to cancel the event, discipline the staff involved in planning and hosting the event and respond to questions on whether other installations both at home and around the world have done similar events. Following receipt of Rubio’s letter, the Air Force canceled the event. 

ā€œThe last thing parents serving their nation overseas should be worried about, particularly in a theater with heightened geopolitical tensions, is whether their children are being exposed to sexually charged content simply because they visited their local library,ā€ Rubio wrote.

Defense Secretary Lloyd J. Austin, III, and Gen. Mark Milley, chair of the Joint Chiefs of Staff, meet with U.S. Army Gen. Scott Miller at Joint Base Andrews in Maryland on July 14, 2021. (Photo by Carlos M. Vazquez, Department of Defense)

A Pentagon official referring to the drag show at Nellis said Milley was visibly angry about the decision to host the event on base after being informed about it earlier this week.

The drag show was scheduled for Thursday, but Maj. Gen. Case A. Cunningham, the commander of the U.S. Air Force Warfare Center at Nellis was informed in the past few days that it must either be canceled or moved off base. 

On May 23, Gaetz sent a letter to Austin and Milley, alleging that the ā€œpervasive and persistent use of taxpayer dollars for drag events,ā€ had a June 1 Nellis Air Force Base, Nev., event scheduled.

Gaetz went on to write that ā€œNellis Air Force Base has announced a so-called ‘family-friendly’ drag organized by the Nellis LGBTQ+ Pride Council for June 1, 2023. In this latest outright attack on children, this event is being advertised as having no minimum age requirement.ā€ 

In his letter Gaetz also demanded to know: 

  • Does the DoD feel it’s appropriate for children to attend a sexualized drag performance?
  • Why are base commanders defying your intent and direction by facilitating drag events?
  • If this event goes forward, whether on June 1 or a later scheduled date, please provide an explanation regarding your justification for why you allowed the event to take place.

According to a spokesperson for the U.S. Air Force Warfare Center, Nellis, in June 2021 the base had hosted a Pride month drag show titled ā€œDrag-u-Nellis.ā€ The spokesperson noted the 2021 show was intended to promote inclusivity and diversity. 

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