News
Eyes on 10th Circuit for Utah, Okla. marriage arguments
Set to become first appeals court to hear post-DOMA case

(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.
Netherlands
Tens of thousands take part in World Pride March
Event capped off two weeks of celebrations in Amsterdam.
AMSTERDAM — Tens of thousands of people on Saturday participated in the World Pride March in Amsterdam.
Outright International Executive Director Maria Sjödin and Paolo Rondelli, who in 2022 became the world’s first openly gay head of state when he became Captain Regent of San Marino, are among those who participated alongside Massachusetts state Rep. Jack Lewis and Olena Shevchenko, chair of Insight, an LGBTQ advocacy group in Ukraine, and others.
Members of D66, the centrist Dutch political party that Prime Minister Rob Jetten heads, also marched.
Jetten in February became the Netherlands’ first openly gay prime minister. He participated in the opening of the World Pride Human Rights Conference on Aug. 5 and spoke on a panel with Rondelli, former Irish Prime Minister Leo Varadkar, and other gay and lesbian current and former heads of government.
(Washington Blade video by Michael K. Lavers)
(Washington Blade video by Michael K. Lavers)
The march took place a week after hundreds of thousands of people lined Amsterdam’s canals for the city’s annual Amsterdam Pride Canal Parade.
A terrorist attack at Berlin’s Christopher Street Day on July 25 left one person dead and more than two dozen others injured.
The incident overshadowed World Pride, which began hours earlier and ended on Saturday.
Dutch authorities increased security measures in the aftermath of the July 25 attack. No incidents were reported during World Pride.
National
HRC condemns DoE removal of LGBTQ bullying data from federal survey
Organization cites rise in homophobic, transphobic policies, worse mental health outcomes
The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.
The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.
That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.
Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.
K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.
These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.
The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.
By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.
Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.
The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.
This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.
Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.
He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.
These policies have a real-world impact on trans people.
The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.
Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.
HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.
“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”
HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.
This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.
The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.
Netherlands
Dutch PM: More needs to be done to defend trans rights
Rob Jetten on Friday was on World Pride Human Rights Conference panel
Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key will be on assignment in Amsterdam until Aug. 10.
AMSTERDAM — Dutch Prime Minister Rob Jetten on Friday said more needs to be done to defend transgender people and their rights.
“Everywhere in the Western world, it’s definitely the group that’s the most vulnerable in the moment and it’s rather well-picked also by our advisories,” he said during a panel at the World Pride Human Rights Conference in Amsterdam that Ying Xin and Diego García Blum of Global LGBTQI+ Human Rights Program at the Harvard Kennedy School’s Ryan-Carr Center for Human Rights Policy moderated. “They’ve chosen the smallest group within our broader community (trans people) to attack them, to ensure that we can strip their rights and if they’ve done with that, they’ll go after the next group within our community, so we shouldn’t be naïve about what’s behind it.”
“It’s very well-funded. It’s very well-organized and we have to organize as well to fight back and to win this fight,” added Jetten. “We also need to be more open in conversations that we are having within the community and also dive into it much deeper and maybe even have more difficult and annoying conversations.”
Jetten in February became the Netherlands’ first openly gay prime minister.
He appeared on the panel alongside former Irish Prime Minister Leo Varadkar, who in 2017 became his country’s first openly gay head of government, and former San Marino Captain Regent Paolo Rondelli, who was his country’s ambassador to the U.S. from 2007-2016.
Several other current former heads of government who are gay or lesbian also participated in the panel. They include former Icelandic Prime Minister Jóhanna Sigurðardóttir, former Luxembourgish Prime Minister Xavier Bettel, and Andorran Prime Minister Xavier Espot Zamora. California Congressman Mark Takano, who chairs the Congressional Equality Caucus, and LGBTQ+ Victory Fund CEO Evan Low were among those who attended.
Jetten in his remarks said he was “very surprised” to learn that “not only in the U.S. but also in some European countries that we’ve let them decide what the gay group looked like.” The Dutch prime minister further pointed out that conservatives began “to attack the debate on toilets or starting this debate about trans people in Olympic games.”
“That is, of course, a ridiculous debate to start, but we’ve got distracted because we were so busy having this debate on Olympians, and then we actually forgot the real fight was about access to healthcare, just being yourself, being able to enlist in the army, or being able to be a young trans boy or girl in school,” said Jetten. “We got distracted by some fresh meat that was thrown into the area by some very conservative people.”
“We have to open our eyes and have very in-depth conservations within our community, and come up with a much better strategy to win this fight and to protect all our trans brothers and sisters, dolls, whatever,” he added. “Because if we don’t win this fight for trans people, we’re going to lose the bigger fight for all LGBTQ people in the world.”
Varadkar noted Ireland in 2015 passed a law that allows people to legally change their gender without surgery or other medical interventions.
He conceded there was “a liberal wind blowing across the world at the time, and it was largely uncontested.”
“It would be harder now, quite frankly, to do that legislation,” said Varadkar.

Scottish lawmakers in 2022 passed the Gender Recognition Reform Bill, which lowered the age for anyone to legally change their gender without medical intervention from 18 to 16. Then-British Prime Minister Rishi Sunak’s government later blocked the measure from taking effect.
The U.K. Supreme Court in 2025 ruled the legal definition of a woman under the country’s Equality Act is limited to “biological women.” Author J.K. Rowling is among those who praised the decision that stemmed from a case that challenged the Scottish government’s decision to include trans women in its definition of women when it sought to increase the number of women on government boards.
The Trump-Vance administration on Jan. 20, 2025, the first day it was in office, issued a sweeping executive order that, among other things, declared the federal government would only recognize two genders: male and female. The White House earlier this year in its counterterrorism strategy said it “will also prioritize the rapid identification and neutralization of violent secular political groups whose ideology is anti-American, radically pro-transgender, and anarchist.”
“We have to stay united,” said Rondelli. “The strategy was, since the beginning, was a Nazi strategy to create groups, target groups, and to create maximum distractions to avoid discussion about some sort of policies.”
“Trans people are the target at the moment,” he added. “But after them it will probably be some others, so we have to stay united.”

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