News
Court strikes down Michigan marriage ban
Judge delivers ruling following two-week trial on prohibition of gay nuptials


April DeBoer (on left) and Jayne Rowse filed the lawsuit against Michigan’s ban on same-sex marriage (Washington Blade file photo by Chris Johnson).
A federal court in Michigan made the latest in a series of rulings in favor of marriage equality by striking down the Wolverine State’s constitutional ban on same-sex marriage.
In a 31-page ruling, U.S. District Judge Bernard Friedman, a Reagan appointee, ruled on Friday the state’s prohibition on gay nuptials violated the equal protection clause under the Fourteenth Amendment of the U.S. Constitution.
“After reviewing the evidence presented at the trial, including the testimony of various expert witnesses, the exhibits, and stipulations, and after considering all of the legal issues involved, the Court concludes that the MMA is unconstitutional and will enjoin its enforcement,” Friedman writes.
Michigan’s ban on same-sex marriage, known as Michigan Proposal 04-2, was approved as part of the state constitution by 59 percent of Michigan voters in 2004.
Friedman devotes a considerable portion of his decision to the ban’s impact on same-sex couples and the children they raise, drawing on language used by U.S. Associate Justice Anthony Kennedy in his ruling against the Defense of Marriage Act.
“In attempting to define this case as a challenge to ‘the will of the people,’ state defendants lost sight of what this case is truly about: people,” Friedman writes. “No court record of this proceeding could ever fully convey the personal sacrifice of these two plaintiffs who seek to ensure that the state may no longer impair the rights of their children and the thousands of others now being raised by same-sex couples.”
Nowhere does the ruling mention a stay on the decision. Rana Elmire, a spokesperson for the ACLU of Michigan, said her organization believes same-sex couples can marry immediately in the state.
Although Elmire initially said clerks’ offices are reopening to marry couples in the wake of the ruling, the ACLU of Michigan later tweeted that it can’t confirm reports that clerks offices are re-opening
Two of the clerk’s offices for the more populous counties in Michigan — Washtenaw and Oakland — were already closed when the ruling was handed down and had no one answering calls when the Blade contacted them to see if they would reopen. Ingham County Clerk Barb Byrum, was present when the ruling was handed down, but said her office would remain closed until Monday at 8 am.
But according to a tweet from Gongwer News Service, the Washtenaw County clerk’s office will be open at 9 am on Saturday to distribute marriage licenses.
Washtenaw County Clerk to open between 9 a.m. and 1 p.m. Saturday to offer marriage licenses in wake of #gaymarriage ruling.
— Gongwer News Service (@GongwerMichigan) March 22, 2014
Shannon Minter, legal director for the National Center for Lesbian Rights, also said he believes same-sex couples can marry at once in Michigan — as long as clerk’s offices are open.
“I am not sure if any city halls or clerk’s offices are open over the weekend, but if so, then marriages could take place immediately,” Minter said.
Michigan has a three-day waiting period after obtaining a license and being able to wed, but that waiting period can be waived for an additional fee that varies between county to county.
Now that the district has ruled against the state’s ban on same-sex marriage, state officials — Michigan Gov. Rick Snyder and Attorney General Bill Schuette, who have been defending the law in court — have the option to appeal to the decision to the U.S. Sixth Circuit Court of Appeals.
Immediately after the ruling, Schuette filed a notice of appeal with the court, saying he and Snyder “hereby appeal” the case to the appellate court. All four states within the Sixth Circuit — Michigan, Tennessee, Ohio and Kentucky — now have marriage equality cases before the appeals court.
Schuette said in a statement after the ruling that he has filed an emergency request for a stay and an appeal of the decision. Both were filed before the Sixth Circuit late Friday.
“In 2004 the citizens of Michigan recognized that diversity in parenting is best for kids and families because moms and dads are not interchangeable,” Schuette said. “Michigan voters enshrined that decision in our State constitution, and their will should stand and be respected. I will continue to carry out my duty to protect and defend the Constitution.”
The ruling is the latest in a string of decisions from federal courts against bans on same-sex marriage in states such as Utah, Oklahoma, Virginia and Texas following the U.S. Supreme Court’s decision against the Defense of Marriage Act. According to Lambda Legal, the decision is the 14th decision in a row from a court striking down a state ban on same-sex marriage after the DOMA decision.
But the decision in Michigan case is the first of the post-DOMA decisions handed down after a trial.
For two weeks, Friedman heard testimony from trial from various witnesses on the constitutionality of Michigan’s ban on same-sex marriage. Among the witnesses the state presented was Mark Regenrus, the author of a widely discredited study denigrating parenting by same-sex couples.
As Think Progress notes, on the witness stand, Regnerus admitted on the witness that he doesn’t know whether excluding same-sex couples from marriage has any impact on the children they raise.
Friedman criticizes the testimony from Regnerus during the trial, saying the court finds his study “entirely unbelievable and not worthy of serious consideration.”
“Whatever Regnerus may have found in this ‘study,’ he certainly cannot purport to have undertaken a scholarly research effort to compare the outcomes of children raised by same-sex couples with those of children raised by heterosexual couples,” Friedman writes. “It is no wonder that the NFSS has been widely and severely criticized by other scholars, and that Regnerus’s own sociology department at the University of Texas has distanced itself from the NFSS in particular and Dr. Regnerus’s views in general and reaffirmed the aforementioned APA position statement.”
The case, DeBoer v. Snyder, was filed by private attorneys in January 2012 on behalf of April DeBoer and Jayne Rowse, a lesbian couple in Hazel Park, Mich., who were seeking the ability to jointly adopt their three children. The couple amended their case early last year to seek marriage equality in Michigan, while still pursuing their goal of adoption rights.
As recorded by local TV affiliate WXYZ, DeBoer and Rowze embraced each other and their children with joy after one of their attorneys, Dana Nessel, read aloud the ruling to them.
LGBT advocates praised Friedman for striking down the ban on same-sex marriage and said it’s evidence a nationwide ruling in favor of marriage equality is within reach.
Jay Kaplan, a staff attorney for the ACLU of Michigan, said the lawsuit at its core was about “protecting Michigan families.”
“We are thrilled that the court found that there is no reason to deny loving, committed same-sex couples and their families the protections that come with marriage,” Kaplan said. “By doing so, the court has underscored the American value that freedom is for everyone.”
Evan Wolfson, president of Freedom to Marry, said the win for same-sex couples in Michigan comes after opponents couldn’t identify a single reason why they shouldn’t be able to marry.
“Today’s win comes after a full trial — complete with prosecutors and defendants, witness cross-examinations, and testimony from family experts on the well-being of children — which showed that opponents have nothing more than the same bogus claims they have recycled for decades,” Wolfson said. “They were simply unable to provide a single legitimate reason why committed same-sex couples should be excluded from marriage. Michigan, like all of America, is ready for the freedom to marry.”
District of Columbia
Drag queens protest Trump at the Kennedy Center
President attended ‘Les Misérables’ opening night on Wednesday

On Wednesday night, four local drag performers attended the first night of the Kennedy Center’s season in full drag — while President Donald Trump, an outspoken critic of drag, sat mere feet away.
Three queens — Tara Hoot, Vagenesis, and Mari Con Carne — joined drag king Ricky Rosé to represent Qommittee, a volunteer network uniting drag artists to support and defend each other amid growing conservative attacks. They all sat down with the Washington Blade to discuss the event.
The drag performers were there to see the opening performance of “Les Misérables” since Trump’s takeover of the historically non-partisan Kennedy Center. The story shows the power of love, compassion, and redemption in the face of social injustice, poverty, and oppression, set in late 19th century France.
Dressed in full drag, the group walked into the theater together, fully aware they could be punished for doing so.
“It was a little scary walking in because we don’t know what we’re going to walk into, but it was really helpful to be able to walk in with friends,” said drag queen Vagenesis. “The strongest response we received was from the staff who worked there. They were so excited and grateful to see us there. Over and over and over again, we heard ‘Thank you so much for being here,’ ‘Thank you for coming,’ from the Kennedy Center staff.”
The staff weren’t the only ones who seemed happy at the act of defiance.
“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.”
Despite the love from the audience and staff, Mari Con Carne said she couldn’t help feeling unsettled when Trump walked in.
“I felt two things — disgust and frustration,” Carne said. “Obviously, I don’t align with anything the man has to say or has to do. And the frustration came because I wanted to do more than just sit there. I wanted to walk up to him and speak my truth — and speak for the voices that were being hurt by his actions right now.”
They weren’t the only ones who felt this way according to Vagenesis:
“Somebody shouted ‘Fuck Trump’ from the rafters. I’d like to think that our being there encouraged people to want to express themselves.”
The group showing up in drag and expressing themselves was, they all agreed, an act of defiance.
“Drag has always been a protest, and it always will be a sort of resistance,” Carne said, after pointing out her intersectional identity as “queer, brown, Mexican immigrant” makes her existence that much more powerful as a statement. “My identity, my art, my existence — to be a protest.”
Hoot, who is known for her drag story times, explained that protesting can look different than the traditional holding up signs and marching for some.
“Sometimes protesting is just us taking up space as drag artists,” Hoot added. “I felt like being true to who you are — it was an opportunity to live the message.”
And that message, Ricky Rosé pointed out, was ingrained with the institution of the Kennedy Center and art itself — it couldn’t be taken away, regardless of executive orders and drag bans
“The Kennedy Center was founded more than 50 years ago as a place meant to celebrate the arts in its truest, extraordinary form,” said Ricky Rosé. “President Kennedy himself even argued that culture has a great practical value in an age of conflict. He was quoted saying, ‘the encouragement of art is political in the most profound sense, not as a weapon in the struggle, but as an instrument of understanding the futility of struggle’ and I believe that is the basis of what the Kennedy Center was founded on, and should continue. And drag fits perfectly within it.”
All four drag performers told the Washington Blade — independently of one another — that they don’t think Trump truly understood the musical he was watching.
“I don’t think the president understands any kind of plot that’s laid out in front of him,” Vagenesis said. “I’m interested to see what he thinks about “Les Mis,” a play about revolution against an oppressive regime. I get the feeling that he identifies with the the rebellion side of it, instead of the oppressor. I just feel like he doesn’t get it. I feel it goes right over his head.”
“Les Misérables” is running at the Kennedy Center until July 13.
Congress
Padilla forcibly removed from federal building for questioning DHS secretary
Prominent Democrats rushed to defend senator

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday
The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.
According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.
“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.
“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”
Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).
Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”

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Congratulations to Chrys Kefalas and Salah Czapary on their new venture, the Yala Greek Ice Cream Shop, which will open in Georgetown, at 3143 N St. N.W., around July 4.
Kefalas is the CEO and founder, Czapary is the co-founder/director of experience and operations. The third co-founder is Steve Shyn, COO. From what I hear Chrys and Salah will at times both be doing the scooping to the lucky people who stop by their shop. The word “Yala” is a play on the Greek word for “milk,” and fittingly, Yala Greek Ice Cream is made using hand-crafted techniques passed down through three generations of Greek ice cream makers.
Kefalas told the Blade, “This is not frozen yogurt, just inspired by Greek flavors or a trendy twist on gelato. This is true Greek ice cream, finally making its American debut. It is crafted with farm-fresh milk from Maryland, Greek yogurt and honey, fruit preserves from the Mediterranean, and ingredients sourced directly from Greece, Italy, and the Middle East, including premium pistachios and sustainably harvested vanilla.”
The two come from different backgrounds. Kefalas has a family in the restaurant business but is currently the head of the brand division at the National Association of Manufacturers. He is a former Justice Department attorney; worked as Attorney General Eric Holder’s speech writer; Gov. Bob Erlich’s counsel in Maryland; and ran for U.S. Senate in Maryland (endorsed by the Baltimore Sun). Born and raised in Baltimore, he’s a Washingtonian of nine years. He told the Blade, “Yala Ice Cream is a tribute, a legacy, and a love letter across generations.” He spent his early years working in his grandfather’s restaurant in Baltimore, Illona’s. Kefalas hopes, “Just like Greek yogurt changed everything, Greek ice cream is going to set the new standard for ice cream. But, for us, it isn’t just about ice cream; it’s about making my Papou, my grandfather, proud.”
Many people in D.C. know Czapary. He is the son of a Palestinian refugee, and Hungarian immigrant, and a longtime Washington, D.C. resident. Czapary served as a police officer and community engagement leader with the MPD. He then ran for D.C. Council, and although didn’t win, was endorsed by the Washington Post. After that race, D.C. Mayor Muriel Bowser realized how accomplished he is and asked him to join her administration, where he served as director of the Mayor’s Office of Nightlife and Culture.
Czapary told the Blade, “We’re bringing the first authentic Greek ice cream shop to the U.S., and we’re doing it with heart. We’re building a space where kindness, community, and a scoop of something extraordinary come together. Our Georgetown scoop shop is designed to be a welcoming haven where every guest feels a sense of belonging.”