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Ky. guv to defend marriage ban without attorney general

District judge ordered state to recognize same-sex marriages enacted elsewhere

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Steve Beshear, Kentucky, Democratic Party, gay news, Washington Blade

Steve Beshear, Kentucky, Democratic Party, gay news, Washington Blade

Gov. Steve Beshear (D-Ky.) will defend the state’s marriage ban in court without the attorney general (Photo public domain).

The governor of Kentucky announced on Tuesday that he intends to appeal a ruling against the state’s ban on same-sex marriage to a higher court on the same day the state’s attorney general declared he would no longer defend the law.

Gov. Steve Beshear announced he’ll hire other counsel to represent the state in the case, known as Bourke vs. Beshear, in addition to appealing the district court decision against the marriage ban the U.S. Sixth Circuit Court of Appeals.

“General Conway has advised me that he will no longer represent the Commonwealth in Bourke vs. Beshear,” Beshear said. “The State will hire other counsel to represent it in this case, and will appeal Judge Heyburn’s decision to the Sixth Circuit U.S. Court of Appeals and ask the court to enter a stay pending appeal.”

As Beshear notes, U.S. District Judge John Heyburn ordered the state to recognize out-of-state same-sex nuptials following his ruling last month against the state’s constitutional ban on same-sex marriage. Heyburn, an appointee of President George H.W. Bush, also took on the question of whether the state can prohibit same-sex couples from marrying within its borders.

“Both of these issues, as well as similar issues being litigated in other parts of the country, will be and should be ultimately decided by the U.S. Supreme Court in order to bring finality and certainty to this matter,” Beshear said. “The people of this country need to know what the rules will be going forward. Kentucky should be a part of this process.”

Heyburn ordered the state to recognize out-of-state same-sex marriages, but later issued a 21-day stay in his order, allowing Kentucky to wait to recognize until March 20.

In addition to defending the law, Beshear said he’ll seek a continued stay on that order until the U.S. Supreme Court resolves the issue.

“In every other appeal currently in process, a stay has been entered maintaining the status quo until a final decision is reached on appeal,” Beshear said. “The reason is obvious. Without a stay in place, the opportunity for legal chaos is real. Other Kentucky courts may reach different and conflicting decisions.”

Beshear announces he’ll continue defending the state’s ban on same-sex marriage after Kentucky Attorney General Jack Conway announced earlier on Tuesday he’ll no longer defend the law in court.

“I have evaluated Judge Heyburn’s legal analysis, and today am informing my client and the people of Kentucky that I am not appealing the decision and will not be seeking any further stays,” Conway said.

After reviewing the judge’s order, Conway said Heyburn “got it right” with his decision against the marriage ban.

“From a constitutional perspective, Judge Heyburn got it right, and in light of other recent federal decisions, these laws will not likely survive upon appeal,” Conway said. “We cannot waste the resources of the Office of the Attorney General pursuing a case we are unlikely to win.”

Conway acknowledges that many in Kentucky will disagree with his decision, but he came to the conclusion defense of the law “would be defending discrimination.”

“The United States Constitution is designed to protect everyone’s rights, both the majority and the minority groups,” Conway said. “Judge Heyburn’s decision does not tell a minister or a congregation what they must do, but in government ‘equal justice under law’ is a different matter.”

Conway’s decision follows the announcement from U.S. Attorney Eric Holder that state officials are free to decline to defend bans on same-sex marriage against legal challenges. Other states where attorneys general who have declined their state marriage bans are Oregon, Nevada, Virginia, and Pennsylvania. Much earlier, California Attorney General Kamala Harris declined to defend the ban on California’s Proposition 8 and Holder himself declined to the Defense of Marriage Act against legal challenges.

But the situation in Kentucky is unique in terms of party affiliation because Beshear, a Democrat, is defending the ban, while Conway, also a Democrat, is declining to defend the law. In Nevada, both Gov. Brian Sandoval, a Republican, and Attorney General Catherine Cortez Masto, a Democrat, determined their state’s ban on same-sex marriage was indefensible before the U.S. Ninth Circuit Court of Appeals.

Marc Solomon, national campaign director of Freedom to Marry, heaped praised on Conway for his decision to no longer defend Kentucky’s ban on same-sex marriage in court.

“Today’s decision by Kentucky attorney general Jack Conway echoes that of state attorneys general across America who refuse to defend discrimination,” Solomon said. “Conway stands on the right side of history along with the Republican-appointed Kentucky federal judge who held that there is no legitimate justification for denying equal protection to same-sex couples.”

Brian Brown, president of the anti-gay National Organization for Marriage, on the other hand commended Beshear for continuing to defend the state’s marriage ban.

“He is doing what every elected official, on every level of government across the country should do, defend the laws of the land,” Brown said. “It is absurd that Kentucky’s Attorney General Jack Conway is not doing what he swore to do upon taking office – defending the laws and constitution of the Commonwealth of Kentucky and the judgment of the Kentucky’s citizens who voted overwhelmingly on this issue. We hope that voters hold him to account for abandoning his sworn duty.”

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Germany

1 dead, 15 injured when van drives into crowd at Berlin Pride

Incident took place in city’s Tiergarten park

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(Washington Blade photo by Ernesto Valle)

At least one person died on Saturday when a van drove into a crowd at Berlin’s annual Pride march.

German media reports indicate the incident took place shortly before 10 p.m. local time (4 p.m. ET) in Tiergarten park.

Berlin police say “the driver of a white vehicle … struck several people.”

At least 15 people were injured, with some of them having “life-threatening injuries.” The driver remains at-large, and the police have launched a manhunt to find them.

Hundreds of thousands of people participate in the annual Christopher Street Day parade — which is one of Europe’s largest Pride events — that winds its way through Berlin. Tiergarten is near June 17 Street and the Brandenberg Gate where post-parade parties and concerts take place.

Authorities cancelled the remaining Pride events after the incident.

The Washington Blade will update this story.

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Virginia

Winsome Earle-Sears launches campaign against Va. marriage equality amendment

Former LG lost to Abigail Spanberger in 2025 gubernatorial race

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Former Virginia Lt. Gov. Winsome Earle-Sears (Washington Blade photo by Michael Key)

Less than a year after losing Virginia’s gubernatorial race, former Lt. Gov. Winsome Earle-Sears is campaigning across the state against constitutional amendments that would protect marriage equality and reproductive freedom.

She is launching a statewide “Life and Marriage Tour” ahead of November’s election.

Although same-sex couples can legally marry under the U.S. Supreme Court’s 2015 Obergefell v. Hodges decision, Virginia’s constitution still contains language that defines marriage as between one man and one woman. Supporters say removing the language would protect marriage equality should federal precedent change.

The original ban was written into the state constitution in 2006. 

It has been hinted at in the past by Supreme Court Judge Clarence Thomas that he would consider revisiting Obergefell v. Hodges regarding contraception and marriage rights for same-sex couples. He stated this in his concurring opinion regarding the Dobbs v. Jackson ruling, which allows for state-level abortion bans.

Equality Virginia Executive Director Narissa Rahaman said removing the ban would bring the state’s constitution in line with existing law.

“20 years after banning marriage equality, it’s time for our commonwealth to fully complete our evolution — and finish the job on protecting marriage equality for all,” Rahaman said.

In an email to supporters, Earle-Sears said these amendments “raise serious concerns” and could alter principles about which Virginians care.

“That is why our efforts are focused not only on informing voters, but also encouraging them to carefully consider these proposals and vote NO on both amendments,” Earle-Sears said.

Virginia voters will consider three constitutional amendments this November.

Earle-Sears is campaigning for voters to reject two of them: the Virginia Remove Constitutional Same-Sex Marriage Ban Amendment and the Right to Reproductive Freedom Amendment.

A “Yes” vote on the Same-Sex Marriage Ban Amendment would include removing a provision that states marriage is between one man and one woman and prohibitng the state from denying a marriage license to two adults based on their sex, gender, or race, according to the Virginia Department of Elections.

In 2025, during debates against now Gov. Abigail Spanberger, Earle-Sears argued it is not discrimination to think that gay people should not be allowed to marry. She claims it conflicts with her faith.

According to ABC 8, in 2024 she wrote that she had a “moral opposition” to marriage equality, after former Gov. Glenn Youngkin, a Republican, signed a marriage equality bill that barred denying marriage licenses based on sex, gender, or race.

According to the Virginia Department of Elections, a “Yes” vote on the Reproductive Freedom amendment supports adding a section to the state constitution that would give Virginians the right to make and carry out decisions regarding reproductive healthcare, except in specific exemptions.

The Virginia Department of Elections wrote that if accepted, the amendment would allow the state government to pass laws to regulate abortion care in the third trimester of pregnancy, but require abortion care when it is medically needed to protect the life and health of the pregnant person or because the fetus is not viable.

During the 2025 election cycle, Earle-Sears was clear on her anti-abortion stance.

According to the Virginia Independent, she utilized campaign funds to donate to the Family Foundation of Virginia. The group is a faith-based, anti-abortion, and anti-in vitro fertilization non-profit.

The “Life and Marriage Tour” will include traveling throughout Virginia to speak with citizens, churches, community organizations, and local leaders. The exact locations have yet to be announced.

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National

At Alliance Defending Freedom’s summit, church and state are one

House Speaker Mike Johnson (R-La.) among speakers

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House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 23.

By SPENCER MACNAUGHTON | Earlier this month, hundreds of people filled a conference room in San Diego. These included Speaker of the House Mike Johnson, Assistant Secretary of Health Admiral Brian Christine, OpenAI executive Dean Ball, and the attorneys general of West Virginia and Idaho.

They all came together for Alliance Defending Freedom’s 2026 Summit. The Christian legal group, also a Southern Poverty Law Center-designated anti-LGBTQ hate group, described the event as a “gathering of leaders from many different spheres, including law, public policy, media, business, education, and Christian leadership.”

Johnson — who has said that “homosexual relationships are inherently unnatural and … society cannot give its stamp of approval to such a dangerous lifestyle” — was a featured speaker.

In his speech, he seemed unconcerned with the separation of church and state: “It is so encouraging to Kelly and I to be among friends and fellow warriors for this cause and people who understand that God is not done with America yet. … ADF’s on the very tip of the spear, front line, defending those very truths and keeping the door open for the spread of the Gospel. This is our moment. I’m telling you, I believe the next season … is going to be the greatest season of this ministry since its inception.”

That ministry is one that has espoused aggressively anti-LGBTQ views since its inception in the early 1990s. It was co-founded by a group of evangelical men, including Alan Sears, who co-authored a book called “The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today.” Since then, ADF has opposed gay marriage and supported bans on gay sex and on gender-affirming care for minors.

After helping overturn Roe v. Wade, ADF lawyers have led key victories at the Supreme Court. In 303 Creative v. Elenis, SCOTUS ruled that a website designer could refuse service to gay weddings. And this year they convinced the Court to overturn Colorado’s ban on conversion therapy and to uphold state laws in West Virginia and Idaho that ban trans girls from playing on girls’ sports teams.

At the summit, ADF President Kristen Waggoner, who has promoted conversion therapists and consistently misgenders trans people, interviewed these states’ attorneys general.

“The lawyers who were defending women’s sports were among the best I’ve ever seen in my entire life,” West Virginia Attorney General JB McCuskey told Waggoner.

Similar to Johnson, Trump’s Assistant Secretary of Health Christine showed his commitment to governing based on conservative Christianity. He gave a Bible-thumping speech against gender transition and trans healthcare, saying that it “contradicts … the deeper moral order that is woven into creation itself. For Genesis 1:27 informs us that God created man in his own image. … Male and female” He also said the “complementary relationship between man and woman is divine” and advocated for youth with gender dysphoria to receive care from a pastor.

All of these remarks from politicians made me think of the interview I published earlier this week with Pete Hegseth’s pastor, Doug Wilson. He wants a Christian theocracy in America and told me that: both the perpetrator and the victim should be disciplined in some cases of marital rape; that transgender people are “sad;” that execution is justifiable for certain homosexual acts; and that gay sex should be illegal.

The ADF Summit is glossy and polished. And while its messaging may be less explicit than Pastor Wilson’s, the track record of the organizations shows they have the exact same desires. They’re just deeply strategic in what they say and when and how they say it.

I believe the political power players who attended this year’s summit know this. They know they are endorsing an organization whose members have essentially called for the illegalization of most — if not all ‚ forms of queer behavior and presentation.

In the last few years, these perspectives have become increasingly embedded in the highest rooms of the federal government and they have been effective in stripping away LGBTQ rights. Wilson, who just installed a full-time pastor in Washington to lead services, says there are 10 to 20 government officials who align with his church’s ideology.

It is vital for Americans to keep their eyes wide open to the ultimate goal of groups like ADF: to create a United States that leaves LGBTQ people without rights and that pushes us back in the closet.

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