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Eyes on 10th Circuit for Utah, Okla. marriage arguments

Set to become first appeals court to hear post-DOMA case

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Regnerus, gay juror, National LGBT Bar Association, Gay News, Washington Blade

(Image courtesy Wikimedia Commons).

The progression of a marriage equality lawsuit to the U.S. Supreme Court will reach a significant milestone this month when, for the first time since landmark rulings last year, a federal appeals court will consider arguments on the issue of gay nuptials.

The U.S. Tenth Circuit Court of Appeals is set to hear oral arguments on April 10 in Denver in the case of Kitchen v. Herbert, the lawsuit that brought marriage equality briefly to the state of Utah, and will hear arguments April 17 in Bishop v. Smith, in which a lower court ruled Oklahoma’s ban on same-sex marriage is unconstitutional.

Doug NeJaime, a law professor at the University of California, Irvine, said he expects arguments from attorneys on behalf of same-sex couples during these arguments to focus on the impact of the states’ marriage bans on children.

“I expect we will see significant attention on the child centered rationales put forward by the state with responses regarding the detrimental impact on children raised by same-sex couples. Children are figuring prominently in these cases,” NeJaime said. “I also expect discussion about how Windsor affects the analysis of state bans on marriage.”

The harm to children raised by same-sex parents as a result of the Defense of Marriage Act was a significant factor in U.S. Associate Justice Anthony Kennedy’s decision last year against the ban. Numerous district courts have cited that language in their decisions striking down marriage bans.

The Tenth Circuit is one of five circuits where marriage equality cases are pending, but it’s hearing oral arguments sooner than the others following a decision to hear the litigation on an expedited basis.

Camilla Taylor, marriage director for Lambda Legal, said she’s optimistic both the Utah and Oklahoma cases are likely to succeed on the merits following the arguments.

“The briefing is extremely strong,” Taylor said. “There’s been a huge array of amicus briefs to go in. This will be the first oral argument in a federal circuit court, and so, of course it will be closely watched.”

Although the arguments mark the first time a federal appeals court has heard arguments on the marriage issue since the decisions against DOMA and California’s Proposition 8 last year, it’s not the first time ever a federal appeals court has heard arguments on whether a state can ban same-sex marriage. The U.S. Ninth Circuit Court of Appeals heard arguments in the case against Prop 8 in 2011 before striking down the amendment the following year.

The three-panel judge who’ll hear the marriage equality arguments in both cases consists of Judge Paul Kelly Jr., an appointee of President George H.W. Bush; Judge Carlos Lucero, a Clinton appointee; and Judge Jerome Holmes, an appointee of President George W. Bush.

Notably, Holmes was one of two judges that denied Utah’s request for a stay on same-sex marriages in Utah after a district court ruled the state’s marriage ban unconstitutional, but the U.S. Supreme Court stepped in to institute a stay.

Observers will likely be examining judges’ questions to make a prediction on the outcome of the ruling, though Lambda’s Taylor cautioned against placing too much emphasis on the line of questioning during the arguments.

“I think it’s always difficult to tell from oral arguments which way a court is likely to rule,” Taylor said. “I’m hoping folks won’t draw too many conclusions from which questions are asked because judges during oral arguments ask questions because they’re seeking the best formulated answer that they themselves wish to give in an opinion, so a question isn’t necessarily an indication of which way a court is likely to rule.”

Arguments in other appeals courts are somewhere down the line. The U.S. Fourth Circuit Court of Appeals, which is hearing the Virginia case, have set arguments for May 13. The appeals courts for the Fifth, Sixth and Ninth Circuits have not set a date as of Wednesday for arguments to hear the marriage equality issues.

According to the Human Rights Campaign, at least 55 marriage equality court cases are working their way through the courts across the country. These cases have been filed in 28 states — as well as Puerto Rico — and account for nearly 250 plaintiffs taking on state marriage bans.

As all of these cases make their way back to the Supreme Court, observers expect justices to take up one — if not all — of them during the year-long term beginning in fall 2014. That would likely mean a nationwide decision on marriage equality by the middle of 2015.

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District of Columbia

New interim D.C. police chief played lead role in security for WorldPride

Capital Pride says Jeffery Carroll had ‘good working relationship’ with organizers

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New interim D.C. Police Chief Jeffery Carroll (Screen capture via FOX 5 Washington DC/YouTube)

Jeffery Carroll, who was named by D.C. Mayor Muriel Bowser on Dec. 17 as the city’s  Interim Chief of Police, played a lead role in working with local LGBTQ community leaders in addressing public safety issues related to WorldPride 2025, which took place in D.C. last May and June

“We had a good working relationship with him, and he did his job in relation to how best the events would go around safety and security,” said Ryan Bos, executive director of Capital Pride Alliance.  

Bos said Carroll has met with Capital Pride officials in past years to address security issues related to the city’s annual Capital Pride parade and festival and has been supportive of those events.  

At the time Bowser named him Interim Chief, Carroll had been serving since 2023 as Executive Assistant Chief of Specialized Operations, overseeing the day-to-day operation of four of the department’s bureaus. He first joined the D.C. Metropolitan Police Department in 2002 and advanced to multiple leadership positions across various divisions and bureaus, according to a statement released by the mayor’s office.

“I know Chief Carroll is the right person to build on the momentum of the past two years so that we can continue driving down crime across the city,” Bowser said in a statement released on the day she announced his appointment as Interim Chief.

“He has led through some of our city’s most significant public safety challenges of the past decade, he is familiar with D.C. residents and well respected and trusted by members of the Metropolitan Police Department as well as our federal and regional public safety partners,” Bowser said.

“We have the best police department in the  nation, and I am confident that Chief Carroll will meet this moment for the department and the city,” Bowser added.

But Bowser has so far declined to say if she plans to nominate Carroll to become the permanent police chief, which requires the approval of the D.C. City Council. Bowser, who announced she is not running for re-election, will remain in office as mayor until January 2027.

Carroll is replacing outgoing Chief Pamela Smith, who announced she was resigning after two years of service as chief to spend more time with her family. She has been credited with overseeing the department at a time when violent crime and homicides declined to an eight-year low.

She has also expressed support for the LGBTQ community and joined LGBTQ officers in marching in the WorldPride parade last year.  

But Smith has also come under criticism by members of Congress, who have accused the department of manipulating crime data allegedly showing lower reported crime numbers than actually occurred. The allegations came from the Republican-controlled U.S. House Oversight Committee and the U.S. Justice Department 

Bowser has questioned the accuracy of the allegations and said she has asked the city’s Inspector General to look into the allegations.   

Meanwhile, a spokesperson for the D.C. police Office of Public Affairs did not immediately respond to a question from the Washington Blade about the status of the department’s LGBT Liaison Unit. Sources familiar with the department have said a decline in the number of officers currently working at the department, said to be at a 50-year low, has resulted in a decline in the number of officers assigned to all of the liaison units, including the LGBT unit.  

Among other things, the LGBT Liaison Unit has played a role in helping to investigate hate crimes targeting the LGBTQ community. As of early Wednesday an MPD spokesperson did not respond to a question by the Blade asking how many officers are currently assigned to the LGBT Liaison Unit.  

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Arts & Entertainment

2026 Most Eligible LGBTQ Singles nominations

We are looking for the most eligible LGBTQ singles in the Washington, D.C. region.

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We are looking for the most eligible LGBTQ singles in the Washington, D.C. region.

Are you or a friend looking to find a little love in 2026? We are looking for the most eligible LGBTQ singles in the Washington, D.C. region. Nominate you or your friends until January 23rd using the form below or by clicking HERE.

Our most eligible singles will be announced online in February. View our 2025 singles HERE.

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Colombia

Gay Venezuelan man who fled to Colombia uncertain about homeland’s future

Heberth Aguirre left Maracaibo in 2018

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Heberth Aguirre is a gay man and activist from the Venezuelan city of Maracaibo who has lived in Colombia since 2018. (Washington Blade photo by Michael K. Lavers)

BOGOTÁ, Colombia — A gay Venezuelan man who has lived in Colombia since 2018 says he feels uncertain about his country’s future after the U.S. seized now former Venezuelan President Nicolás Maduro.

“On one hand I can feel content, but on the other hand I feel very concerned,” Heberth Aguirre told the Washington Blade on Tuesday during an interview at a shopping mall in Bogotá, the Colombian capital.

Aguirre, 35, is from Maracaibo, Venezuela’s second-largest city that is the heart of the country’s oil industry.

He developed cultural and art initiatives for the Zulia State government.

“Little by little, I suddenly became involved in politics because, in a way, you had to be involved,” recalled Aguirre. “It was necessary to be involved because the regime often said so.”

“I basically felt like I was working for the citizens, but with this deeply ingrained rule we had to be on their side, on the side of the Maduro and (former President Hugo) Chávez regime,” he added.

Maduro in 2013 became Venezuela’s president after Chávez died.

“There are things I don’t support about the regime,” Aguirre told the Blade. “There are other things that were nice in theory, but it turned out that they didn’t work when we put them into practice.”

Aguirre noted the Maduro government implemented “a lot of laws.” He also said he and other LGBTQ Venezuelans didn’t “have any kind of guarantee for our lives in general.”

“That also exposed you in a way,” said Aguirre. “You felt somewhat protected by working with them (the government), but it wasn’t entirely true.”

Aguirre, 35, studied graphic design at the University of Zulia in Maracaibo. He said he eventually withdrew after soldiers, members of Venezuela’s Bolivarian National Guard, and police officers opened fire on students.

“That happened many times, to the point where I said I couldn’t keep risking my life,” Aguirre told the Blade. “It hurt me to see what was happening, and it hurt me to have lost my place at the university.”

Venezuela’s economic crisis and increased insecurity prompted Aguirre to leave the country in 2018. He entered Colombia at the Simón Bolívar Bridge near the city of Cúcuta in the country’s Norte de Santander Province.

“If you thought differently, they (the Venezuelan government) would come after you or make you disappear, and nobody would do anything about it,” said Aguirre in response to the Blade’s question about why he left Venezuela.

The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)

Aguirre spoke with the Blade three days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.

President Donald Trump on Tuesday in a Truth Social post said Venezuela’s interim authorities “will be turning over between 30 and 50 million barrels of high quality, sanctioned oil, to the United States of America.”

“This oil will be sold at its market price, and that money will be controlled by me, as president of the United States of America, to ensure it is used to benefit the people of Venezuela and the United States,” wrote Trump.

Trump on Sunday suggested the U.S. will target Colombian President Gustavo, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s.

Petro has urged Colombians to take to the streets on Wednesday and “defend national sovereignty.” Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.

“Let’s be clear: Trump doesn’t care about the humanitarian aspect,” said Aguirre when the Blade asked him about Trump. “We can’t portray him as Venezuela’s savior.”

Meanwhile, Aguirre said his relatives in Maracaibo remain afraid of what will happen in the wake of Maduro’s ouster.

“My family is honestly keeping quiet,” he said. “They don’t post anything online. They don’t go out to participate in marches or celebrations.”

“Imagine them being at the epicenter, in the eye of the hurricane,” added Aguirre. “They are right in the middle of all the problems, so it’s perfectly understandable that they don’t want to say anything.”

‘I never in my life thought I would have to emigrate’

Aguirre has built a new life in Bogotá.

He founded Mesa Distrital LGBTIQ+ de Jóvenes y Estudiantes, a group that works with migrants from Venezuela and other countries and internally placed Colombians, during the COVID-19 pandemic. Aguirre told the Blade he launched the group “with the need to contribute to the general population, not just in Colombia.”

Aguirre met his husband, an American from California, at a Bogotá church in December 2020 during a Christmas event that SDA Kinship Colombia, an LGBTQ group, organized. A Utah judge virtually officiated their wedding on July 12, 2024.

“I love Colombia, I love Bogotá,” said Aguirre. “I love everything I’ve experienced because I feel it has helped me grow.”

He once again stressed he does not know what a post-Maduro Venezuela will look like.

“As a Venezuelan, I experienced the wonders of that country,” said Aguirre. “I never in my life thought I would have to emigrate.”

The Colombian government’s Permiso por Protección Temporal program allows Aguirre and other Venezuelans who have sought refuge in Colombia to live in the country for up to 10 years. Aguirre reiterated his love for Colombia, but he told the Blade that he would like to return to Venezuela and help rebuild the country.

“I wish this would be over in five years, that we could return to our country, that we could go back and even return with more skills acquired abroad,” Aguirre told the Blade. “Many of us received training. Many of us studied a lot. We connected with organizations that formed networks, which enriched us as individuals and as professionals.”

“Returning would be wonderful,” he added. “What we’ve built abroad will almost certainly serve to enrich the country.”

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