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Marriage lawsuits filed in three more states

Cases brought this week in Arizona, Florida and Indiana

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Sandra Newson, Denise Hueso, Miami, Florida, same-sex marriage, gay marriage, marriage equality

Sandra Newson, Denise Hueso, Miami, Florida, same-sex marriage, gay marriage, marriage equality

Sandra Newson and Denise Hueso of Miami are among the eight same-sex couples who are seeking legal recognition of their out-of-state marriages in Florida. (Photo courtesy of the ACLU of Florida)

Same-sex couples in three additional states this week have filed lawsuits seeking marriage rights.

Lambda Legal on Thursday filed a lawsuit in the U.S. District Court for Arizona on behalf of seven same-sex couples and two surviving spouses who are challenging the Grand Canyon State’s constitutional amendment that defines marriage as between a man and a woman. The same group on March 10 filed a lawsuit in the U.S. District Court for the Southern District of Indiana on behalf of three gay couples seeking the ability to tie the knot in the Hoosier State.

The American Civil Liberties Union and the ACLU of Florida on Thursday also filed a federal lawsuit on behalf of eight same-sex couples seeking state recognition of their marriages legally performed in other jurisdictions. SAVE, a Miami-based LGBT advocacy group, is a plaintiff in the case.

Sandra Newsom of Miami, who married her partner of nearly 17 years, Denise Hueso, in Massachusetts in 2009, is among those who spoke at a Miami Beach press conference.

“When we moved back to Florida we knew we would be sacrificing some of the rights that we’d enjoyed when we lived in Massachusetts,” said Newsom. “Most families don’t have to choose between being in the place they call home and having equal treatment under the law, and they shouldn’t have to. If Florida would recognize our marriage, we wouldn’t have to either.”

Nelda Majors and Karen Bailey of Scottsdale, Ariz., who have been together for more than 55 years, are the lead plaintiffs in the Arizona case.

“We’re a committed, loving family, have raised two amazing girls together, have seen each other through thick and thin, in sickness and in health,” said Majors. “After five decades together, we want to celebrate and affirm our deep love for each other as other couples do, before our friends and family, through marriage.”

18 states and D.C. have extended marriage rights to same-sex couples.

The 10th U.S. Circuit Court of Appeals in Denver next month is scheduled to hold oral arguments in two cases challenging the constitutionality of state constitutional amendments that ban same-sex marriage in Oklahoma and Utah. The 4th U.S. Circuit Court of Appeals in Richmond, Va., in May is slated to hear a case that challenges Virginia’s gay nuptials ban.

The 9th U.S. Circuit Court of Appeals in San Francisco in the coming months is expected to hear oral arguments in a challenge to Nevada’s same-sex marriage ban. A federal appeals court in New Orleans will likely hear a similar case that challenges Texas’ gay nuptials prohibition after U.S. District Judge Orlando L. Garcia last month ruled the state’s same-sex marriage ban violates the 14th Amendment’s Equal Protection Clauses.

A federal judge on Feb. 27 ordered Kentucky to begin recognizing same-sex marriages legally performed in other jurisdictions.

The Southern Poverty Law Center last month filed a lawsuit against Alabama’s same-sex marriage ban on behalf of a gay widower who lost his spouse less than three months after they exchanged vows in Massachusetts in 2011. Same-sex couples in Pennsylvania, West Virginia, Missouri, Oregon and other states have also filed lawsuits seeking marriage rights after the U.S. Supreme Court last June struck down a portion of the Defense of Marriage Act.

U.S. Attorney General Eric Holder last month announced the Justice Department will now recognize same-sex marriages in civil and criminal cases and extend full benefits to gay spouses of police offices and other public safety personnel – even in states that have yet to allow nuptials for gays and lesbians. Holder a few weeks later said state attorneys general do not have to defend same-sex marriage bans.

“I believe we must be suspicious of legal classifications based solely on sexual orientation,” he said during a Feb. 26 speech during the winter meeting of the National Association of Attorneys General in D.C. “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.”

U.S. Sen. Ted Cruz (R-Texas) last month introduced a bill that would prohibit the federal government from recognizing same-sex marriages in states where gays and lesbians cannot tie the knot.

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The White House

EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine

Trans former assistant health secretary’s name changed on official portrait

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Adm. Rachel Levine (Washington Blade photo by Michael Key)

Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.

The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.

Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.

According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.

Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.

“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.

“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”

“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”

The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.

The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.

The Washington Blade reached out to HHS, but has not received any comment.

The lawsuit and four FOIA requests are below:

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The White House

Empty seats, canceled shows plague Kennedy Center ahead of Trump renaming

It would take an act of Congress to officially rename the historic music venue, despite the Trump-appointed board’s decision.

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Protesters march in defiance of the changes to the Kennedy Center following Trump's takeover in March. (Washington Blade Photo by Michael Key)

The board of the Kennedy Center in Washington, D.C., voted to rename it the Trump-Kennedy Center, according to the White House Press Office.

White House Press Secretary Karoline Leavitt announced the decision in a post on X Thursday, thanking the president for his work on the cultural center “not only from the standpoint of its reconstruction, but also financially, and its reputation.”

Speaking to reporters later that day at the White House, Trump said he was “surprised” and “honored” by the board’s vote.

“This was brought up by one of the very distinguished board members, and they voted on it, and there’s a lot of board members, and they voted unanimously. So I was very honored,” he said.

Earlier this year, GOP Rep. Mike Simpson of Idaho introduced an amendment that would have renamed the building after first lady Melania Trump, later saying she had not been aware of his efforts prior to the amendment’s public introduction.

Despite the board’s vote (made up of Trump-appointed loyalists), the original laws guiding the creation of the Kennedy Center during the Eisenhower, Kennedy, and Johnson administrations explicitly prohibit renaming the building. Any change to its name would require an act of Congress.

Trump has exerted increasing control over the center in recent months. In February, he abruptly fired members of the Kennedy Center’s board and installed himself as chair, writing in a Truth Social post at the time, “At my direction, we are going to make the Kennedy Center in Washington D.C., GREAT AGAIN.”

In that post, Trump specifically cited his disapproval of the center’s decision to host drag shows.

He later secured more than $250 million from the Republican-controlled Congress for renovations to the building.

Since Trump’s takeover, sales of subscription packages are said to have declined, and several touring productions — including “Hamilton” — have canceled planned runs at the venue. Rows of empty seats have also been visible in the Concert Hall during performances by the National Symphony Orchestra.

“The Kennedy Center Board has no authority to actually rename the Kennedy Center in the absence of legislative action,” House Minority Leader Hakeem Jeffries told reporters.

For decades, the Kennedy Center has hosted performances by LGBTQ artists and companies, including openly queer musicians, choreographers, and playwrights whose work helped push LGBTQ stories into the cultural mainstream. Those artists include the Gay Men’s Chorus of Washington, Harvey Fierstein, and Tennessee Williams.

In more recent years, the center has increasingly served as a space for LGBTQ visibility and acceptance, particularly through Pride-adjacent programming and partnerships.

That legacy was on display at this year’s opening production of Les Misérables, when four drag performers — Tara Hoot, Vagenesis, Mari Con Carne, and King Ricky Rosé — attended in representation of Qommittee, a volunteer network uniting drag artists to support and defend one another amid growing conservative attacks.

“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”

The creation of the Kennedy Center is outlined in U.S. Code, which formally designates the institution as the John F. Kennedy Center for the Performing Arts.

As a result, it appears unlikely that Congress will come together to pass legislation allowing the historic venue to be renamed.

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The White House

HHS to restrict gender-affirming care for minors

Directive stems from President Donald Trump’s Jan. 28 executive order

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A protester stands outside Children's National Hospital in Northwest D.C. on Feb. 2, 2025. (Washington Blade photo by Linus Berggren)

The U.S. Department of Health and Human Services announced Thursday that it will pursue regulatory changes that would make gender-affirming healthcare for transgender children more difficult, if not impossible, to access.

The shift in federal healthcare policy stems directly from President Donald Trump’s Jan. 28 executive order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.

The executive order outlines a broader effort to align HHS with the Trump–Vance administration’s policy goals and executive actions. Those actions include defunding medical institutions that provide gender-affirming care to minors by restricting federal research and education grants, withdrawing the 2022 HHS guidance supporting gender-affirming care, requiring TRICARE and federal employee health plans to exclude coverage for gender-affirming treatments for minors, and directing the Justice Department to prioritize investigations and enforcement related to such care.

HHS has claimed that gender-affirming care can “expose them [children] to irreversible damage, including infertility, impaired sexual function, diminished bone density, altered brain development, and other irreversible physiological effects.” The nation’s health organization published a report in November, saying that evidence on pediatric gender-affirming care is “very uncertain.”

The Centers for Medicare and Medicaid Services is now in the process of proposing new rules that would bar hospitals from performing what the administration describes as sex-rejecting procedures on children under age 18 as a condition of participation in Medicare and Medicaid programs. Nearly all U.S. hospitals participate in Medicare and Medicaid. HHS said that “this action is designed to ensure that the U.S. government will not be in business with organizations that intentionally or unintentionally inflict permanent harm on children.”

Health and Human Services Secretary Robert F. Kennedy Jr. released a statement alongside the announcement.

“Under my leadership, and answering President Trump’s call to action, the federal government will do everything in its power to stop unsafe, irreversible practices that put our children at risk,” Kennedy said. “This administration will protect America’s most vulnerable. Our children deserve better — and we are delivering on that promise.”

Those claims stand in direct opposition to the positions of most major medical and healthcare organizations.

The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures that restrict access to trans healthcare.

“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”

Jennifer Levi, senior director of transgender and queer rights at GLBTQ Legal Advocates and Defenders, warned the proposed changes would cause significant harm.

“Parents of transgender children want what all parents want: to see their kids thrive and get the medical care they need. But this administration is putting the government between patients and their doctors. Parents witness every day how their children benefit from this care — care backed by decades of research and endorsed by major medical associations across the country. These proposed rules are not based on medical science. They are based on politics. And if allowed to take effect will serve only to drive up medical costs, harm vulnerable children, and deny families the care their doctors say they need. These rules elevate politics over children — and that is profoundly unAmerican.”

Human Rights Campaign President Kelley Robinson echoed Levi’s sentiments.

“The Trump administration is relentless in denying health care to this country, and especially the transgender community. Families deserve the freedom to go to the doctor and get the care that they need and to have agency over the health and wellbeing of their children,” Robinson said. “But these proposed actions would put Donald Trump and RFK Jr. in those doctor’s offices, ripping health care decisions from the hands of families and putting it in the grips of the anti-LGBTQ+ fringe. Make no mistake: these rules aim to completely cut off medically necessary care from children no matter where in this country they live. It’s the Trump administration dictating who gets their prescription filled and who has their next appointment canceled altogether.

The announcement comes just days after U.S. Rep. Marjorie Taylor Greene (R-Ga.) advanced legislation in Congress that would make it a felony to provide gender-affirming care to a child.

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