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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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Virginia

DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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The White House

As house Democrats release Epstein photos, Garcia continues to demand DOJ transparency

Blade this week sat down with gay House Oversight Committee ranking member

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A photo released by the House Oversight Committee showing Donald Trump 's close relationship with Jeffrey Epstein . (Photo courtesy of the U.S. House Oversight Committee)

Democrats on the House Oversight Committee have released new photos from Jeffrey Epstein’s email and computer records, including images highlighting the relationship between President Donald Trump and the convicted sex offender.

Epstein, a wealthy financier, was found guilty of procuring a child for prostitution and sex trafficking, serving a 13-month prison sentence in 2008. At the time of his death in prison under mysterious circumstances, he was facing charges of sex trafficking and conspiracy to traffic minors.

Among those pictured in Epstein’s digital files are Trump, former President Bill Clinton, former Trump adviser Steve Bannon, actor and director Woody Allen, economist Larry Summers, lawyer Alan Dershowitz, entrepreneurs Richard Branson and Bill Gates, and Andrew Mountbatten-Windsor.

One photo shows Trump alongside Epstein and a woman at a Victoria’s Secret party in New York in 1997. American media outlets have published the image, while Getty Images identified the woman as model Ingrid Seynhaeve.

Oversight Committee Democrats are reviewing the full set of photos and plan to release additional images to the public in the coming days and weeks, emphasizing their commitment to protecting survivors’ identities.

With just a week left for the Justice Department to publish all files related to Epstein following the passage of the Epstein Files Transparency Act, which requires the Justice Department to release most records connected to Epstein investigations, the Washington Blade sat down with U.S. Rep. Robert Garcia (D-Calif.), the ranking member on the Oversight Committee to discuss the current push the release of more documents.

Garcia highlighted the committee’s commitment to transparency and accountability.

U.S. Rep. Robert Garcia (D-Calif.) during a sit down with the Washington Blade. (Washington Blade photo by Michael Key)

“We’ve said anything that we get we’re going to put out. We don’t care who is in the files … if you’ve harmed women and girls, then we’ve got to hold you accountable.”

He noted ongoing questions surrounding Trump’s relationship with Epstein, given their long history and the apparent break in friendship once Trump assumed public office.

“There’s been a lot of questions about … Donald Trump and Jeffrey Epstein. They were best friends for 10 years … met women there and girls.”

Prior to Trump’s presidency, it was widely reported that the two were friends who visited each other’s properties regularly. Additional reporting shows they socialized frequently throughout the 1990s and early 2000s, attending parties at Trump’s Mar-a-Lago resort in Florida and Epstein’s residences. Flight logs from an associate’s trial indicate Trump flew on Epstein’s private jet multiple times, and Epstein claimed Trump first had sex with his future wife, Melania Knauss, aboard the jet.

“We’ve provided evidence … [that leads to] questions about what the relationship was like between Donald Trump and Jeffrey Epstein.”

Garcia stressed the need for answers regarding the White House’s role in withholding information, questioning the sudden change in attitude toward releasing the files given Trump’s campaign promises.

“Why is the White House trying to cover this up? So if he’s not covering for himself … he’s covering up for his rich friends,” Garcia said. “Why the cover up? Who are you hiding for? I think that’s the question.”

He confirmed that Trump is definitively in the Epstein files, though the extent remains unknown, but will be uncovered soon.

“We know that Trump’s in them. Yeah, he’s been told. We know that Trump’s in them in some way. As far as the extent of it … we don’t know.”

Garcia emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or personal connections.

“All these powerful men that are walking around right now … after abusing, in some cases, 14‑ and 15‑year‑old girls, they have to be held accountable,” he said. “There has to be justice for those survivors and the American public deserves the truth about who was involved in that.”

He added that while he is the ranking member, he will ensure the oversight committee will use all available political tools, including subpoenas — potentially even for the president. 

“We want to subpoena anyone that we can … everyone’s kind of on the table.”

He also emphasized accountability for all powerful figures implicated, regardless of financial status, political party, or relationship with the president.

“For me, they’re about justice and doing the right thing,” Garcia said. “This is about women who … were girls and children when they were being abused, trafficked, in some cases, raped. And these women deserve justice.”

“The survivors are strong.”

Deputy White House Press Secretary Abigail Jackson issued a statement regarding the release the photos, echoing previous comments from Republicans on the timing and framing of the photos by the Oversight Committee.

“Once again, House Democrats are selectively releasing cherry-picked photos with random redactions to try and create a false narrative,” Jackson said.

“The Democrat hoax against President Trump has been repeatedly debunked and the Trump administration has done more for Epstein’s victims than Democrats ever have by repeatedly calling for transparency, releasing thousands of pages of documents, and calling for further investigations into Epstein’s Democrat friends,”

In a press release on Friday, Garcia called for immediate DOJ action:

“It is time to end this White House cover-up and bring justice to the survivors of Jeffrey Epstein and his powerful friends. These disturbing photos raise even more questions about Epstein and his relationships with some of the most powerful men in the world. We will not rest until the American people get the truth. The Department of Justice must release all the files, NOW.”

Steve Bannon and Jeffrey Epstein in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Trump in another photo from Epstein’s digital files. (Photo courtesy of the U.S. House Oversight Committee)
(Photo courtesy of the U.S. House Oversight Committee)
Bill Gates and Andrew Montbatton-Windsor in Epstein Files photo. (Photo courtesy of the U.S. House Oversight Committee)
Bill Clinton and Ghislaine Maxwell and Jeffrey Epstein in Epstein Files photo.
(Photo courtesy of the U.S. House Oversight Committee)

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District of Columbia

Capital Pride announces change in date for 2026 D.C. Pride parade and festival

Events related to U.S. 250th anniversary and Trump birthday cited as reasons for change

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A scene from the 2024 Capital Pride Festival. (Washington Blade file photo by Emily Hanna)

The Capital Pride Alliance, the D.C. based group that organizes the city’s annual LGBTQ Pride events, has announced it is changing the dates for the 2026 Capital Pride Parade and Festival from the second weekend in June to the third weekend.  

“For over a decade, Capital Pride has taken place during the second weekend in June, but in 2026, we are shifting our dates in response to the city’s capacity due to major events and preparations for the 250th anniversary of the United States,” according to a Dec. 9 statement released by Capital Pride Alliance.

The statement says the parade will take place on Saturday, June 20, 2026, with the festival and related concert taking place on June 21.

“This change ensures our community can gather safely and without unnecessary barriers,” the statement says. “By moving the celebration, we are protecting our space and preserving Pride as a powerful act of visibility, solidarity, and resistance,” it says.

Ryan Bos, the Capital Pride Alliance CEO and President, told the Washington Blade the change in dates came after the group conferred with D.C. government officials regarding plans for a number of events in the city on the second weekend in June. Among them, he noted, is a planned White House celebration of President Donald Trump’s 80th birthday and other events related to the U.S. 250th anniversary, which are expected to take place from early June through Independence Day on July 4.

The White House has announced plans for a large June 14, 2026 celebration on the White House south lawn of Trump’s 80th birthday that will include a large-scale Ultimate Fighting Championship (UFC) event involving boxing and wrestling competition.  

Bos said the Capital Pride Parade will take place along the same route it has in the past number of years, starting at 14th and T Streets, N.W. and traveling along 14th Street to Pennsylvania Ave., where it will end. He said the festival set for the following day will also take place at its usual location on Pennsylvania Avenue, N.W., between 2nd Street near the U.S. Capitol, to around 7th Street, N.W.

“Our Pride events thrive because of the passion and support of the community,” Capital Pride Board Chair Anna Jinkerson said in the statement. “In 2026, your involvement is more important than ever,” she said.

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