News
Court: Tenn. must recognize gay couples’ marriages
Judge predicts bans on gay nuptials will become ‘footnote’ in history


A federal court has ordered Tennessee to recognize the same-sex marriages of six gay couples (Image courtesy Wikimedia Commons).
A federal judge in Tennessee issued a preliminary injunction ordering the state to recognize same-sex marriages performed out-of-state ā but only for the six plaintiff couples named in the lawsuit.
In a 20-page ruling, U.S. District Judge Aleta Trauger, a Clinton appointee, handed down the decision without making a final determination on whether the state’s anti-recognition laws are constitutional, but says they likely won’t stand up in court.
“The plaintiffsā Motion for Preliminary Injunction will be granted, and the court will issue an injunction against the defendants, prohibiting them from enforcing the Anti-Recognition Laws against the six plaintiffs in this case,” Trauger writes.
Trauger suggests she’ll wait to issue a final determination after more courts in her circuit issue rulings on same-sex marriage, but adds the trajectory of recent decisions in other jurisdictions bodes well for same-sex couples.
“At some point in the future, likely with the benefit of additional precedent from circuit courts and, perhaps, the Supreme Court, the court will be asked to make a final ruling on the plaintiffsā claims,” Trauger said. “At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffsā marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history.”
The lawsuit, known as Tanco v. Haslam, was filed in October by private attorneys and the National Center for Lesbian Rights. Three same-sex couples are named in the lawsuit; each lived and were legally married in another state before moving to Tennessee.Ā The couples filed a motion for preliminary injunction in November 2013 seeking immediate protection while their case proceeds.
The three couples are Dr. Valeria Tanco and Dr. Sophy Jesty of Knoxville; Army Reserve Sergeant First Class Ijpe DeKoe and Thom Kostura of Memphis; and Matthew Mansell and Johno Espejo of Franklin. Although the case was originally filed on behalf of four couples, ErikĀ Olvera, an NCLR spokesperson, said one couple dropped out for personal reasons.
Shannon Minter, legal director for the National Center for Lesbian Rights, said the decision “marks yet another recognition” in a string of decisions that determined laws barring same-sex couples from marriage have no reasonable justification.
“The courtsā decisions also reflect a broader societal movement toward respect for same-sex couples and their families,” Minter said. “As people have gotten to know the same-sex couples who are their neighbors, co-workers, relatives, and friends, they have come to see the unfairness of laws that deny protection to loving, stable relationships and stigmatize children being raised by same-sex parents.ā
In her decision, Trauger reflects on the U.S. Supreme Court’s decision against the Defense of Marriage Act, saying the overwhelming case law following the ruling has led courts to determine state laws barring same-sex marriage are unconstitutional.
“In light of this rising tide of persuasive post-Windsor federal caselaw, it is no leap to conclude that the plaintiffs here are likely to succeed in their challenge to Tennesseeās Anti- Recognition Laws,” Trauger said.
Dave Smith, a spokesperson for Gov. Bill Haslem, said the opinion is “under review” when asked if the decision will be appealed, but conveyed the sense that his boss isn’t happy with the decision.
Ā “The opinion is under review,” Smith said. “The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue. It’s inappropriate to comment further due to the continuing litigation.”
Sharon Curtis-Flair, a spokesperson for Tennessee Attorney General Robert Cooper, Jr., expressed a similar sentiment.
āWe are reviewing the decision and intend to take all necessary steps to defend the law,”Ā Curtis-Flair said.
Although courts in the Second Circuit and Ninth Circuit have issued rulings saying laws related to sexual orientation should be subject to heightened scrutiny, or a greater assumption they’re unconstitutional, Trauger doesn’t apply that standard because she suspects Tennessee’s marriage ban fails the lower standard of “rational basis” review.
“The court finds that the plaintiffs are likely to succeed on the merits of their equal protection challenge, even under a ‘rational basis’ standard of review,” Trauger writes. “For this reason, the court need not address at this stage whether sexual orientation discrimination merits a heightened standard of constitutional review or whether the plaintiffs are likely to prevail on their additional due process and right to travel challenges.”
Jesty, one of the plaintiffs in the case, said she and her spouse are “overjoyed with the ruling” because it will enable them to receive protections afforded to other opposite-sex couples in similar situations.
“As a result of this order, our daughter will never know a time when her bonds with her loving parents were not protected or the state saw her family as less worthy than other families,” Jesty said.Ā “We look forward to the resolution of this case so that all married same-sex couples in Tennessee can have the protections that we were granted today.ā
State Department
Transgender, nonbinary people file lawsuit against passport executive order
State Department banned from issuing passports with ‘X’ gender markers

Seven transgender and nonbinary people on Feb. 7 filed a federal lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
Ashton Orr, Zaya Perysian, Sawyer Soe, Chastain Anderson, Drew Hall, Bella Boe, and Reid Solomon-Lane are the plaintiffs in the class action lawsuit the American Civil Liberties Union, the ACLU of Massachusetts, and the private law firm Covington & Burling LPP filed in U.S. District Court for the District of Massachusetts. The lawsuit names Trump and Secretary of State Marco Rubio as defendants.
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022.
Trump signed the executive order that overturned it shortly after he took office on Jan. 20. Rubio later directed State Department personnel to āsuspend any application requesting an āXā sex marker and do not take any further action pending additional guidance from the department.ā
āThis guidance applies to all applications currently in progress and any future applications,” reads Rubio’s memo. “Guidance on existing passports containing an āXā sex marker will come via other channels.ā
The lawsuit says Trump’s executive order is an “abrupt, discriminatory, and dangerous reversal of settled United States passport policy.” It also concludes the new policy is “unlawful and unconstitutional.”
“It discriminates against individuals based on their sex and, as to some, their transgender status,” reads the lawsuit. “It is motivated by impermissible animus. It cannot be justified under any level of judicial scrutiny, and it wrongly seeks to erase the reality that transgender, intersex, and nonbinary people exist today as they always have.”
Solomon-Lane, who lives in North Adams, Mass., with his spouse and their three children, in an ACLU press release says he has “lived virtually my entire adult life as a man” and “everyone in my personal and professional life knows me as a man, and any stranger on the street who encountered me would view me as a man.”
āI thought that 18 years after transitioning, I would be able to live my life in safety and ease,” he said. “Now, as a married father of three, Trumpās executive order and the ensuing passport policy have threatened that life of safety and ease.”
“If my passport were to reflect a sex designation that is inconsistent with who I am, I would be forcibly outed every time I used my passport for travel or identification, causing potential risk to my safety and my familyās safety,ā added Solomon-Lane.
District of Columbia
Booz Allen withdraws as WorldPride corporate sponsor
Company updated programs to comply with Trump executive orders

The U.S. technology company Booz Allen Hamilton has confirmed it has withdrawn as a corporate sponsor for the international LGBTQ WorldPride events scheduled to take place in D.C. from May 17-June 8, according to a report by the Washington Business Journal.
In an exclusive story published Feb.10, the business publication reports that Booz Allen Hamilton disclosed in a statement that its decision to withdraw as a WorldPride sponsor was based on its need to comply with ārecently issued presidential executive orders.ā
Although the statement did not say so directly, it is referring to executive orders issued since Jan. 20 by President Donald Trump that, among other things, ban government agencies and companies doing business with the government through contracts from promoting or carrying out diversity, equity, and inclusion or āDEIā programs.
On its website, Booz Allen Hamilton describes itself as an āadvanced technology company delivering outcomes with speed for Americaās most critical defense, civil, and national securities priorities.ā Among the government agencies it does business with, the website statement says, are the U.S. Air Force, U.S. Army, U.S. Marine Corps, U.S. Navy, and the Office of the Secretary of Defense.
āWe take this responsibility to our nation seriously,ā Washington Business Journal quoted the Booz Allen Hamilton statement regarding WorldPride as saying. āIt demands from us commitment to their best principle to flawless execution and to full compliance with all laws and regulations, including executive orders,ā Washington Business Journal quotes the statement as saying.
The Washington Business Journal article includes a photo of more than a dozen of Booz Allen Hamilton employees marching in D.C.ās Capital Pride parade in 2017.
The company did not immediately respond to a request from Washington Blade seeking comment on its WorldPride decision.
Capital Pride Alliance, the group that organizes most D.C. LGBTQ Pride events and is the lead organizer of WorldPride 2025, in response to a request by the Blade released a statement responding to Booz Allen Hamiltonās sponsorship withdrawal.
āBooz Allen Hamilton is the only organization that has withdrawn its committed financial support for WorldPride,ā the statement says. āCPA is proud of its many longstanding legacy sponsors, many of whom have already reaffirmed their commitments to participate in WorldPride this summer,ā the statement continues.
āJust like many American companies and LGBTQ+ organizations, we are navigating current challenges and many unknowns,ā the statement says. āWe are confident, however, that we will have the support necessary to have a successful and safe WorldPride that meets this moment,ā it says.
āThat support includes families, organizations, and businesses from across our community and corporations that truly celebrate diversity and value equity and inclusion for all,ā the statement concludes.
The Capital Pride Alliance website last year listed Booz Allen Hamilton as a corporate sponsor for the 2024 Capital Pride events in the category of a āTrue Colorsā sponsor, which it said represented a donation of $75,000. But the Capital Pride Alliance statement to the Blade this week says, āWe are not going to share theyāre previously planned commitment for 2025.ā
The statement adds, āMany in our community are extremely vulnerable right now, and standing up for them, standing with them, standing with us, in this movement is what we all need.ā
District of Columbia
Trump executive order prompts local hospitals to stop gender-affirming care for youth
Activists marched outside Children’s National on Feb. 2

Hospitals in the D.C. area are putting a prompt stop to aiding transgender youth and their families continue their transition after President Donald Trump signed an executive order that bans all gender-affirming care nationwide for minors under 19.
On Jan. 28, days after Trump took office, signed the executive order, āProtecting Children from Chemical and Surgical Mutilation,ā which immediately halted the prescription and medical treatment of gender-affirming care for all minors under the age of 19 across the country. The order use of āchemical and surgical mutilationā is in reference to the various kinds of gender-affirming care that youth may receive when in the care of a medical practice.
“Today, medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a childās sex through a series of irreversible medical interventions.ā says the executive order. āThis dangerous trend will be a stain on our nationās history, and it must end.ā
The executive order laid out various guidelines for medical practices to follow that must be implemented within the coming months. These include āending reliance on junk science,ā in referring to following the World Professional Association for Transgender Health’s guidelines for youth, and “defunding chemical and surgical mutilation,” which seeks to ban hospitals and medical schools to use federal funding for gender-affirming care.
Hospitals, medical schools, and clinics across the country have begun to abide by the executive order and drop trans and gender diverse youth as they dismantled programs that provided care of any kind that treated a childās gender dysphoria. Childrenās National Hospital in Northwest Washington is one of those institutions.
āChildrenās National is committed to providing compassionate and comprehensive care in accordance with the law,” said Children’s National in a Jan. 30 press release. “As a result, we are currently pausing all puberty blockers and hormone therapy prescriptions for transgender youth patients, per the guidelines in the executive order issued by the White House this week. Childrenās National already does not perform gender affirming surgery for minors.”
“We recognize the impact this change will have, and our commitment to creating a better future for children and families remains at the forefront of our mission,” it added. “We will do everything we can to ensure the same uninterrupted access to mental health counseling, social support, and holistic and respectful care for every patient at Children’s National. We are working directly with patients and providers to ensure every patient has access to the information and support services they need, and we appreciate their continued trust and understanding as we work through these changes.ā
The hospital did not provide the Washington Blade with additional comment.
Activists in response to the decision organized a march that took place outside Children’s Hospital. on Feb. 2. D.C. Safe Haven, a group founded to āprovide TLGBQ people in the DMV area with opportunities to transform their lives,ā helped organize the march.
Similar protests have taken place across the country.
The Gender Liberation Movement organized the “Rise Up for Trans Youth” march in New York’s Union Square on Saturday. The group was one of the organizers of a march that took place in front of the U.S. Supreme Court on Dec. 4 when the justices heard oral arguments in the U.S. v. Skrmetti case, which challenges a Tennessee law that bans gender-affirming care for minors under 18.
āVCU Health and Childrenās Hospital of Richmond at VCU have suspended gender-affirming medications and gender-affirming surgical procedures for patients under 19-years-old in response to an executive order issued by the White House on Jan. 28, 2025, and related state guidance received by VCU on Jan. 30, 2025,” the hospital said in a statement. “Our doors remain open to all patients and their families for screening, counseling, mental health care, and all other health care needs.ā
Equality Virginia, a queer advocacy group that works across the state, in a statement to the Blade criticized the executive order and response to it.
āExecutive orders are not legislation, they are not law, and they do not supersede state laws,” said Narissa Rahaman, the group’s executive director. “The General Assembly has taken up bills on both transgender athletes and gender-affirming care, and in both cases, the general assembly has declined to pursue bans on either. State law is clear; what is unclear is why the Youngkin administration is spending its final year cozying up to the Trump administration and repeatedly singling out transgender Virginians for discrimination.ā
āTo the transgender and nonbinary athletes and youth seeking healthcare in Virginia who are feeling scared: Equality Virginia will not stop fighting for you, no matter who occupies the Governorās Mansion or the White House,” added Rahaman.
Petitions are urging D.C. Attorney General Brian Schwalb, Health and Human Services, and Children’s National to use D.C.’s human rights law to challenge the executive orders. Lambda Legal, along with the American Civil Liberties Union and the law firms Jenner & Block and Hogan Lovells have filed lawsuits against Trump’s mandate on behalf of families of trans youth.
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