News
Appeals court halts Michigan same-sex marriages
In a 2-1 decision, judges rule they must follow guidance on Utah gay nuptials


The Sixth Circuit has stayed same-sex marriages in Michigan pending appeal (Image courtesy Wikimedia Commons).
The U.S. Sixth Circuit Court of Appeals announced late Tuesday it has placed a hold on same-sex marriages in Michigan pending appeal — dashing the hopes of those who wanted the weddings to continue as litigation moved forward.
In a 2-1 decision, the majority ruled it must place a stay on ruling from U.S. District Judge Bernard Friedman striking down Michigan’s ban on same-sex marriage in case of DeBoer v. Snyder to conform to an earlier stay decision by the U.S. Supreme Court.
“There is no apparent basis to distinguish this case or to balance the equities any differently than the Supreme Court did in Kitchen,” the majority writes. “Furthermore, several district courts that have struck down laws prohibiting same-sex marriage similar to the Michigan amendment at issue here have also granted requests for stays made by state defendants.”
The U.S. Supreme Court had issued a stay on same-sex marriages in Utah pending the outcome of litigation, Kitchen v. Herbert, after a district judge struck down the state’s marriage ban and the Utah Gov. Gary Herbert sought to halt the weddings by filing a stay request.
The two judges in the majority for the stay decision were U.S. District Judge Karen Caldwell, sitting by designation on the appeals court, and U.S. Circuit Judge John Rogers. U.S. Circuit Judge Helene White was sole dissent in the stay decision. Each of the judges were appointed and confirmed by former President George W. Bush during his administration.
In her dissent, White writes the stay in the Utah case isn’t controlling for the Michigan marriages and says the state didn’t make a sufficient argument that it would succeed in the case on appeal.
“Michigan has not made the requisite showing,” White writes. “Although the Supreme Court stayed the permanent injunction issued by the Utah District Court in Kitchen v. Herbert pending final disposition by the Tenth Circuit, it did so without a statement of reasons, and therefore the order provides little guidance. I would therefore apply the traditional four-factor test, which leads me to conclude that a stay is not warranted.”
Although Friedman didn’t include a stay as part of his ruling, the Sixth Circuit instituted a temporary stay on the weddings after an estimated 315 marriage licenses were distributed to same-sex couples in Ingham, Washtenaw, Muskegon and Oakland counties.
Legal experts who spoke with the Washington Blade over the weekend say they didn’t think the Sixth Circuit needed to place a stay on Michigan same-sex marriages because the Supreme Court’s stay on same-sex marriages in Utah wasn’t controlling and numerous courts have ruled in favor of marriage equality since the stay decision in that case.
In a filing before the Sixth Circuit on Tuesday, attorneys for the plaintiff same-sex couples in the case, April DeBoer and Jane Rowse, made similar arguments to make the case that the court should allow the same-sex weddings to continue pending the outcome of the litigation.
“Permitting loving same-sex couples to marry pending the outcome of this appeal will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will better protect these children and will keep the state from continuing to ‘impair the rights of’ these children,'” the attorneys write.
Attorneys for Oakland County Clerk Lisa Brown, who assisted as a defendant in litigation against Michigan’s same-sex marriage ban, argued in a separate filing the court should reject a stay because it would harm same-sex couples living in the state.
“Couples and their families who want the legal protection and recognition of marriage will experience real harm if a stay is granted by this Court,” the attorneys write. “Defendant Brown will be forced to discriminate against couples and their families if a stay is granted. The State risks losing residents who can no longer live in a State that treats them and their families like second class citizens. They can no longer stay in a State that leaves them and their children legally vulnerable.”
But Michigan Attorney General Bill Schuette, who’s been defending Michigan’s ban on same-sex marriage, argued before the Sixth Circuit that the court must followed precedent by the Supreme Court, noting other federal judges instituted stays when striking down bans on same-sex marriage.
“As to the merits of the stay itself, none of the plaintiffs’ arguments overcome a simple fact: the Supreme Court has already addressed precisely this situation — a federal district court striking down a state marriage amendment — and concluded that a stay pending appeal was necessary,” Schuette writes.
In the event that the Sixth Circuit denied the stay pending appeal, Schuette requested a two-day temporary stay from the court so it could seek a stay from Supreme Court without same-sex marriages taking place in Michigan.
Plaintiffs in the case charged the state never formally asked for a stay from the district court, saying that was appropriate venue to ask for a stay. But in its filing, the state asserts it orally requested a stay during arguments.
Now that the Sixth Circuit has issued a stay, plaintiffs could appeal the stay decision the Supreme Court, but observers say a different outcome is unlikely.
Dana Nessel, one the plaintiffs’ attorneys in the lawsuit, said plaintiffs “have no plans to appeal” the stay decision at this time.
One lingering question is whether the state and the federal government will recognized the same-sex marriages already performed in Michigan over the weekend. In Utah, the results were split: the state elected not to recognize its marriage, but U.S. Attorney General Eric Holder said the federal government would recognize the unions.
Neither Michigan nor the federal government has definitively weighed on in the issue. The Associated Press quoted a spokesperson for Michigan Gov. Rick Snyder as saying the state won’t yet recognize the marriages until a decision was made on the stay pending appeal, and the Justice Department told the Blade situation remains under review.
Via Twitter, Brown called on the Snyder to recognize the same-sex marriages performed in the state, suggesting if he refused to do so, voters should elect the Democratic gubernatorial candidate in the 2014 election.
“When will Gov Snyder act like a leader and recognize the hundreds of MI citizens who married on Sat?” Brown tweeted. “MI needs true leadership.”
CORRECTION: An initial version of this article incorrectly reported Judge White was a Clinton appointee. She was initially named by Clinton, but wasn’t confirmed by the Senate under his administration. George W. Bush renamed her and the Senate confirmed her under his watch. The Blade regrets the error.
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.”