News
Will the 6th Circuit allow Michigan marriages to continue?
Weddings halted until at least Wednesday, but no decision on stay pending appeal

The Sixth Circuit will consider whether to stay marriages in Michigan this week. (Image courtesy Wikimedia Commons)
Marriage equality advocates are watching the U.S. Sixth Circuit Court of Appeals this week as it decides whether to stay same-sex weddings in Michigan or allow them to continue as the court considers marriage equality litigation.
Experts say the Sixth Circuit — and the Supreme Court if the stay request is appealed — have room to allow the Michigan same-sex weddings to continue because the Supreme Court’s stay on weddings following a similar ruling in Utah isn’t controlling and many district courts have now ruled in favor of marriage equality.
Shannon Minter, legal director for the National Center for Lesbian Rights, was among those saying he doesn’t believe a stay is warranted in the case, known as DeBoer v. Snyder.
“The Supreme Court did not explain the reasons for its stay in the Utah case, so it provides little guidance and certainly should not be construed as requiring stays in other cases,” Minter said. “Utah was the first federal court in the country to strike down a state marriage ban post-Windsor, but many others have since followed suit, so the legal landscape is already quite different than when the Supreme Court issued a stay in that case.”
U.S. District Judge Bernard Friedman, a Reagan appointee, issued the ruling striking down Michigan’s 2004 constitutional ban on same-sex marriages on Friday, but unlike similar rulings against laws in Texas, Virginia and Oklahoma, Friedman didn’t include a stay in his ruling.
Vickie Henry, a senior staff attorney at Gay & Lesbian Advocates & Defenders who helped plaintiffs for the Michigan trial, said the lack of a stay from the judge came as no surprise given the concern he stated in his ruling for children raised by same-sex couples.
“At this point, all the recent decisions have all come out the same way,” Henry said. “So at some point I think you recognize there’s a high human cost, a high people cost, in the denial of these rights. I can’t speculate what he was thinking, but that seems like a great reason to not enter a stay.”
But Attorney General Bill Schuette filed a stay request before the Sixth Circuit to halt the same-sex marriages in Michigan as he and Gov. Rick Snyder filed notice they would file an appeal to the court.
After allowing plaintiffs the opportunity to respond to the stay request by Tuesday, the Sixth Circuit issued a temporary stay on the same-sex weddings until at least Wednesday — but only after an estimated 315 gay couples received marriage licenses on Saturday.
A similar situation has happened before just recently. After U.S. District Judge Robert Shelby struck down Utah’s marriage ban in the case of Kitchen v. Herbert, Gov. Gary Herbert sought a stay request from the U.S. Tenth Circuit Court of Appeals. The appeals court denied the stay, but the Supreme Court later instituted it after U.S. Associate Justice Sonia Sotomayor referred the matter to the entire bench.
Henry said she thinks the same outcome won’t necessarily befall Michigan despite the stay from the Supreme Court in the Utah case.
“It’s not directly controlling,” Henry said. “In other words, the Sixth Circuit’s not bound by it, but it’s certainly suggestive to the court of what at least one member of the Supreme Court would want them to do.”
Equality Michigan is circulating a petition calling on Snyder and Schuette to drop their appeal of the ruling. As of Monday afternoon, the petition had more than 10,000 signatures.
“We must end the second-class treatment of LGBT families in Michigan,” the petition states. “Rather than siding with the people of Michigan, Schuette and Snyder are wasting taxpayer dollars defending a ban on marriage equality that harms Michigan families — and that the people of Michigan no longer even want.”
But now that the Michigan case has been appealed, all four states in the Sixth Circuit — Michigan, Ohio, Tennessee and Kentucky — have marriage equality cases before the appeals court.
The Sixth Circuit has ruled on an LGBT-relevant case before, but the outcome and the precedent it set wasn’t favorable to LGBT people.
In the case of Equality Federation v. Cincinnati, the court in 1996 upheld an anti-gay ordinance in Cincinnati forbidding the city from enforcing civil rights ordinances based on sexual orientation. The judges issued this decision despite the Supreme Court ruling in 1992 in Romer v. Evans, which found that a similar measure, Colorado’s Amendment 2, was unconstitutional.
But the Cincinnati ordinance has since been repealed in 2004, and that ruling was delivered years ago before the Supreme Court issued precedent protecting gay people in Lawrence and Windsor.
If the Sixth Circuit denies a stay, state officials could appeal the stay request to the Supreme Court justice responsible for stays in the Sixth Circuit: U.S. Associate Justice Elena Kagan. In that event, Kagan could refer the request to the entire court. If she declines a stay on her own, the state could ask any justice on the court for a stay, including anti-gay U.S. Associate Justice Antonin Scalia.
Jon Davidson, legal director for Lambda Legal, expressed uncertainty about whether the Supreme Court would take similar action as it did with the Utah same-sex marriages.
“The Supreme Court did not explain why they issued the stay in Kitchen previously, however, so there is no way of knowing for sure what motivated them to do that or whether a majority of them would do the same thing in the face of the tidal wave of decisions in favor of marriage equality that we are seeing in the lower courts,” Davidson said.
Not all legal experts foresee a possibility in which neither the Sixth Circuit nor the Supreme Court would refuse to grant a stay on same-sex weddings.
Nan Hunter, a lesbian law professor at Georgetown University, predicted the Supreme Court would continue to issue stays on same-sex marriages throughout the country until it delivers it final determination on same-sex marriage.
“My view is that the Supreme Court will continue to grant stays until they resolve a case on the merits,” Hunter said. “Earliest that is likely to happen is June 2015.”
In the event a stay is granted by either the Sixth Circuit or the Supreme Court, another question would emerge similar to the situation in Utah: Would the federal government and state of Michigan recognize the same-sex marriages already conducted in the state?
In Utah, the decision was split. Herbert announced that his state wouldn’t recognize the estimated 1,300 same-sex marriages conducted in Utah pending the final outcome of the litigation. But U.S. Attorney General Eric Holder announced the Obama administration would consider those marriages valid for the purposes of federal benefits. Several state attorneys general, including Maryland’s Doug Gansler, announced their states would also recognize the marriages.
According to the Associated Press, Michigan Gov. Rick Snyder is holding off on the determination on whether his state will recognize the unions. His spokesperson is quoted as saying the governor will wait for a stay decision to be reached before deciding whether Michigan will recognize the marriages.
Ingham County Clerk Barb Byrum and East Lansing Mayor Nathan Triplett, who performed same-sex marriages in Michigan over the weekend, sent a letter Monday to Holder insisting the federal government should recognize those unions.
“Many of the couples that were married on March 22 waited decades for that opportunity,” Byrum and Triplett write. “Their marriages complied with Judge Friedman’s order and all relevant provisions of Michigan law and should be recognized as such by state and federal authorities without delay.”
The Justice Department didn’t yet have a definitive answer in response to the Washington Blade’s request to comment on whether the federal government will recognize same-sex marriages performed in Michigan.
“We are closely monitoring the situation,” said Allison Price, a Justice Department spokesperson.
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.”