Connect with us

News

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

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

Published

on

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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

World

Out in the World: LGBTQ news from Europe and Asia

Malaysian prime minister reiterated opposition to LGBTQ rights at UN

Published

on

(Los Angeles Blade graphic)

AUSTRALIA

A group has petitioned the Australian Human Rights Commission for an exemption to hold ā€˜Lesbians Born Female only’ events that exclude transgender people at the Victorian Pride Center for the next five years.

Lesbian Action Group Melbourne, wrote in their petition to apply for the exemption that the group, exclude ā€œheterosexual, bisexual and gay males, heterosexual and bisexual females, transgender people and queer plus people.ā€

The Sydney Star Observer, Australia’s largest LGBTQ media outlet, reported that the event would be held to celebrate International Lesbian Day at the Victorian Pride Center on Oct. 15, 2023.

Under Australian codes the AHRC is empowered under Section 44 of the Sex Discrimination Act of 1984 (Cth) to grant temporary exemptions for up to five years from the provisions of the anti-discrimination law.

According to the Star-Observer, the group said it was set up to promote and organize events for ā€œlesbian born females ā€œwithout the fear of being hauled before the Victorian Civil and Administrative Tribunal, as we have in the past and told our exclusive lesbian born female events are illegal and having to cancel them.ā€Ā 

The group claimed that over the past two decades, they were able to ā€œorganize and hold private lesbian meetings and gatherings over these past 20 years to avoid any more challenges by the transgender community.ā€ The application then went on to allege that ā€œlesbians who publicly speak out about lesbian rights are also sacked from their jobs, ridiculed and threatened with all kinds of abuse.ā€

Basketball star suspended over anti-gay remarks

Australian NBL professional basketball star Corey Webster was suspended for two games after he posted homophobic remarks to his X/Twitter social media account. In the now deleted tweets, Webster replying to a post that asked: ā€œWhat’s the first thing that comes to mind when you see this flag,ā€ accompanied by the LGBTQ Rainbow Pride flag,ā€ said: ā€œmental illness.ā€

After Perth Wildcats fans and followers started calling out him for the blatant homophobia Webster posted a follow-up that read in all caps: ā€œPROTECT THE CHILDREN,ā€ and put his social media profile on private.

The team reacted issuing an apology and also released an apology from Webster. In his statement the player said:

ā€œWhile it certainly wasn’t my intent, I understand the hurt my comments have caused and I am sincerely sorry for this. It wasn’t how I intended my comments to be perceived and I will take a break from social media and use that time to better educate myself on the impact comments such as this can make on individuals I may have offended.ā€

Corey Webster (Photo courtesy of Perth Wildcats)

Perth Wildcats team owner Richard Simkiss said: ā€œWe are really disappointed in these comments and have made this clear to Corey. They don’t reflect our values, and we have committed to working with Corey to help educate him about the harm such comments can bring. As a community driven club, we stand for inclusiveness and have strongly supported the NBL’s Pride Round. We look forward to promoting this initiative again in the upcoming season. Our values are clear — we want to bring people together in a positive way and we understand our responsibility as leaders in the community to live these values both on and off the court.ā€

VIETNAM

Vogue dance battle in Ho Chi Minh City, Vietnam (YouTube screenshot)

A decidedly queer subculture import from the U.S. that gained rapid popularity this vibrant southern Vietnamese metropolis is providing a safe haven for gay and trans youth.Ā 

Al Jazeera contributor Xuan-Tung Le reported during a recent event, a catwalk for would-be models with fiery dance-off battles, as well as an emotional celebration of kinship between Vietnam’s queer people — all rolled into a single evening of deep connections for trans people especially.

Le notes that not to be confused with ballroom dancing, which evolved from the heterosexual courtship tradition of European aristocrats, ballroom culture emerged in the 1960s among marginalized Black and Latino queer people in the U.S.

Gathering at a ā€œballā€ function, queer people ā€œwalkā€ to show off their talents in dancing, lip-syncing, performing and catwalk modelling as a way to both compete on the night and, more broadly, transcend the everyday realities of gender identities, occupational roles and social status assigned in society.

Viral videos of voguing battles have also been helped by the digital power of YouTube and TikTok algorithms, giving people around the world access to the dance form Le added.

ā€œBallroom is more than dancing,ā€ Minerva Sun Mizrahi, using a stage name preferring that their real name not be used, told Al Jazeera.

ā€œHere, people can vogue, do runway walk, or simply look and act straight-passing — all are considered talents,ā€ Minerva said.

ā€œIt is a space to empower queer people.ā€

Another queer performer told Al Jazeera that social acceptance of transgender people also lags behind in Vietnam, even in Saigon where gay men and women enjoy relative acceptance in society. Naomi Sun, also using a preferred stage name, told Al Jazeera: ā€œThat is why ballroom events are so unique, as they are one of the few safe spaces in Saigon where trans women can just ‘let loose and have fun,’ā€ Sun said.

ā€œYou don’t have to do anything to your body or take hormones; just dress up as a fem queen [which is the ballroom slang for a trans woman], go there, and live your dream as a fem queen,ā€ she said. ā€œIt’s fine! That’s how ballroom is.ā€

Related: Vietnam’s “ballroom” culture: A safe space to celebrate trans people (link)

MALAYSIA

In an interview with CNN’s Christiane Amanpour, Malaysia’s Prime Minister Anwar Ibrahim says Malaysia will never recognize LGBTQ rights. Recently prison sentences were threatened for selling rainbow watches. ā€œI wouldn’t defend that,ā€ Ibrahim told the veteran journalist. He says he’d like to see things change, but must respect the consensus of the people.

Anwar said that as prime minister, he has to respect the consensus of Malaysians and that they do not accept public displays of LGBTQ (people and issues.) ā€œThe Muslims, non-Muslims, Christians, Hindus or Buddhists, they have a consensus in the country. They do not accept this (LGBTQ+),ā€ he said. However, he said while there is a need to exercise some degree of tolerance, harassment has to be avoided.

UNITED KINGDOM

Aristedes Haynes, the 17-year-old behind a number of racist and homophobic vandalism incidents in South Wales (Booking photo via the South Wales Police)

A 17-year-old teenage boy from South Wales has been publicly named after being convicted and sentenced on Sept. 21, for a homophobic and racist vandalism crime spree in South Wales and Cardiff. 

Haynes and a second 15-year-old male accomplice carried out several racially and homophobically charged counts of criminal damage across South Wales, including extremist Nazi graffiti on a Windrush mural in Port Talbot where the teen was living at the time.

British LGBTQ media outlet PinkNewsUK reported that just hours after the mural, depicting local beloved nurse Donna Campbell and her mother Lydie, was complete, it was daubed with swastikas, the words ā€œNazi zone,ā€ and a racial slur.

The presiding justice, Jeremy Baker, sent the teen to jail for one year and seven months and ordered the former Royal Air Force Cadet to an additional one year’s probation. 

According to Sky News, Counter terrorism police inĀ WalesĀ last year began investigating the two teenagers in connection with ā€œseveral offenses of racially and homophobically aggravated criminal damage.ā€

A smoke bomb was also rolled into the Queer Emporium, an LGBTQ business in Cardiff city center.

The 15-year-old, from Tonyrefail, South Wales, appeared at Cardiff Youth Court and pleaded guilty on Aug. 15 to one charge of criminal damage and four charges of racially aggravated criminal damage. He was given community service for one year, and probation for two additional years and ordered to pay £100 ($122.42) compensation to the Queer Emporium.

In the case of Hayes, Baker said the teen had ā€œessentially became self-radicalizedā€ and held ā€œentrenchedā€ racist, antisemitic and homophobic views.

ā€œI am satisfied that not only did you hold entrenched racist, antisemitic and homophobic views at the time of the commission of these offenses, but that these are views which you have not genuinely disavowed,ā€ the judge told him at his sentencing. ā€œIt is apparent that you were not someone who limited your behavior to the expression of your views online, but were prepared to put some of those views into action,ā€ he added.

The judge also noted, ā€œIt is of particular concern that not only had you asserted that one of your goals in life was to kill someone … but you had already carried out research as to the availability of one of the components for constructing a gun.ā€

According to Counter Terrorism Policing Wales Detective Chief Inspector Andrew Williams who spoke at the sentencing: 

ā€œFor the older boy in particular, it became evident that he was also involved in the online distribution of extreme right-wing material, which clearly fell into the space governed by terrorism legislation,ā€ he said.

ā€œThe offences were particularly abhorrent in nature and understandably caused upset to many people, both within the communities the boys targeted, and beyond.

ā€œThe sentencing today concludes the investigation and enables professionals to work intensively with them in the hope that they can lead far more productive lives in their respective futures.ā€

The Court of Session in Edinburgh, Scotland (Photo courtesy of scotcourts.gov.uk)

The court battle over to overturn the UK Secretary of State for Scotland Alister Jack’s veto block of the Gender Recognition Reform ended this week with a ruling by Judge Lady Shona Haldane of the Court of Session in Edinburgh not expected for ā€œsome timeā€ according to a statement from the court.

Haldane said after the judicial review concluded a day earlier than expected — that she will take ā€œsome timeā€ to reach her decision on the matter. She added she write her opinion following what she described as a ā€œunique, very interesting and challenging case.ā€

The Gender Recognition Reform bill introduced by the Scottish government to Parliament last spring was passed in a final 86-39 vote days before this past Christmas 2022. The sweeping reform bill modifies the Gender Recognition Act, signed into law in 2004, by allowing trans Scots to gain legal recognition without the need for a medical diagnosis.

The measure further stipulates that age limit for legal recognition is lowered to 16.

Jack had released a statement indicating that with the backing of 10 Downing St., he would use a Section 35 order under the Scotland Act to block the king’s signature which is referred to as royal assent.

Under Section 35 of the Scotland Act, UK ministers can stop a bill getting royal assent. Jack can do so if he is of the opinion that a Scottish Parliament bill would modify laws reserved to Westminster and have an ā€œadverse effectā€ on how those laws apply.

PinkNewsUK reported the legislation itself was not discussed, with the case instead focusing on whether or not the Jack had the legal right to veto the bill. 

Whoever loses the case, when Haldane issues her ruling, will have the right to appeal the outcome at the Court of Session Inner House. Whoever loses that appeal will have the option to take the case to the Supreme Court in London. 

This means, regardless of the result, the political and legal battle could go on for months, or even years.  

Additional reporting from the Star Observer, Al Jazeera, CNN, Sky News and PinkNewsUK

Continue Reading

District of Columbia

Activists, policy makers mark Celebrate Bisexual Day in D.C.

BiPlus Organizing US hosted event at HRC

Published

on

Adrian Shanker, senior advisor for LGBTQI+ health equity in the U.S.Department of Health and Human Services’ Office of the Assistant Secretary for Health, speaks at a Bisexual Awareness Day event at the Human Rights Campaign on Sept. 23, 2023. (Washington Blade photo by Cal Benn)

BiPlus Organizing US on Saturday hosted a Celebrate Bisexual Day event at the Human Rights Campaign.

Fiona Dawson, co-founder of BiPlus Organizing US, and MĆ©lanie Snail, committee member of the organization, emceed the event. HRC Senior Vice President of Diversity, Equity, Inclusion and Belonging Rebecca Hershey welcomed attendees. 

Heyshey discussed her journey as a bisexual, mixed race, Jewish woman. Hershey paraphrased Adrienne Maree Brown, stating ā€œchange is coming, we are creating change.ā€ 

PFLAG Learning and Inclusion Manager Mackenzie Harte gave a presentation on the history of bisexual identities, defined terms surrounding gender and sexuality and went over statistics of discrimination and health disparities that bisexual individuals face.

Harte’s presentation noted 48 percent of bisexual individuals reported an annual income of less than $30,000, compared to 30 percent of gay men, 39 percent of lesbians and 28 percent of all adults in the U.S. 

Harte went on to say 28 percent of bisexual students report having attempted suicide; and bisexual people have a higher risk of mood disorders, substance abuse and mental illness than their lesbian, gay, or straight cohorts. Bisexual people of all genders face higher rates of sexual assault than those same peers. One reason for these statistics is isolation: 39 percent of bisexual men and 33 percent of bisexual women report not being out to any health care provider, and only 44 percent of bisexual youth report having an adult they could turn to if they were sad. 

Harte also spoke about the Bisexual Manifesto, which the Bay Area Bisexual Network wrote in 1990. 

ā€œThe bisexual manifesto very intentionally was not binary,ā€ Harte said.

They said the text works against the stigma and stereotypes that claim bisexuality is confined to ā€œmale, female.ā€Ā 

Tania Israel, a bisexual advocate and psychology professor at the University of California, Santa Barbara, shared some of her bisexual haikus, which she calls, ā€œbikus.ā€

Dawson moderated the next panel.

Panelists included Nicole Holmes, a bisexual advocate and public health professional, National Center for Transgender Equality Communications Director Leroy Thomas and NCTE Policy Counsel Kris Tassone. 

The panel talked about how shame and stigma drive the statistics that negatively impact the bisexual community. Another word that came up as a driving force was ā€œintersectionality.ā€ 

Holmes said that when it comes to intersectionality, it’s important to not just ā€œlist identities,ā€ but to look deep into ā€œthe purpose behind why we are talking about intersectional identitiesā€ in the first place.

Adrian Shanker, senior advisor on LGBTQ+ Health Equity for the U.S. Department of Health and Human Services, spoke about health equity for the bisexual community. 

ā€œStriving for health equity remains a core priority. It also remains an unmet dream,ā€ said Shanker. ā€œQueer people have always had to be our own health advocates.ā€ While health equity may not be here yet, Shanker says there is much in the works for the LGBTQ community, bisexuals specifically. 

Shanker cited a National Cancer Institute funding opportunity that invites research proposals to cancer care for sexual and gender minorities, stating bisexual specific proposals are welcome. The impending potential government shutdown may postpone it. 

The Biden-Harris administration is also working to ban so-called conversion therapy at the federal level. Additionally, 988, the national suicide prevention hotline, began a program to offer specialized support for LGBTQ youth and young adults last year. 

Shanker said bisexual people should prioritize preventative screenings for skin cancer, oral cancer, lung cancer, regular cervical and anal pap tests, mammograms, prostate exams and colonoscopies. 

ā€œIf you have a body part, get it screened,ā€ said Shanker. 

Megan Townsend, senior director of entertainment research and analysis for the GLAAD Media Institute, did a presentation on bisexual representation in the media and opportunities for advancement. 

Ā ā€œI want to see bi+/pan colors displayed on the White House,” said Dawson. “I want every national LGBTQIA+ organization to be talking about us, to put our concerns front and center.”

The data presented can be found here.

Continue Reading

Delaware

Flight attendants union endorses Sarah McBride

Del. lawmaker would be first transgender member of Congress

Published

on

Delaware state Sen. Sarah McBride speaks at the LGBTQ+ Victory Fund National Champagne Brunch in D.C. on April 10, 2022. (Washington Blade photo by Michael Key)

Delaware congressional candidate Sarah McBride has earned the support of the Association of Flight Attendants, the nation’s most prominent flight attendant union.

It’s the second big labor endorsement for McBride after the United Food and Commercial Workers Local 27’s endorsement. The Association of Flight Attendants praised her for spearheading efforts to bring paid family and medical leave to Delaware, which will take effect in 2026. 

ā€œSarah’s record in the Delaware Senate shows that she understands how to work collaboratively, build power and make big things happen,ā€ the union’s president, Sara Nelson, wrote in a press release shared exclusively with the Washington Blade. ā€œThat’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy.ā€

McBride also announced her support for creating a list of abusive passengers and banning them from flying. Each airline has a list of passengers banned from flying, but airlines don’t share the lists with each other, though Delta Air Lines has asked them, because of ā€œlegal and operational challenges,ā€ as a representative for the airline industry trade group Airlines of America told a House committee in September 2021.

ā€œRight now, someone can be violent towards a flight attendant or another passenger and walk directly off of that flight and onto one with a different airline to endanger more people,ā€ an Association of Flight Attendants spokesperson wrote in a statement. 

The Protection from Abusive Passengers Act would put the Transportation Security Administration in charge of building the database of passengers fined or convicted of abuse and has bipartisan support but has sat idly in committee since March. It failed to pass last year, and civil rights groups including the American Civil Liberties Union have charged that the list would disproportionately target people of color and strip and a better step to reducing hostility would be making flights more comfortable. Reports of defiant and unruly passengers have more than doubled between 2019, before the COVID-19 pandemic, and 2022.

ā€œI thank the Association of Flight Attendants for endorsing our campaign,ā€ McBride wrote in the press release. ā€œIt’s important that we recognize and celebrate the symbiotic relationship between strong, unionized workforces and the continued growth of employers here in our state.ā€

The union representing 50,000 flight attendants across 19 airlines is putting pressure on airlines to grant union demands in contract negotiations. At American Airlines, unionized flight attendants voted to authorize a strike — putting pressure on the airline to accede to its demands. Flight attendants at Alaska Airlines say they are ready to strike but have not voted to authorize one yet. United Airlines flight attendants picketed at 19 airports around the country in August, ratcheting up the pressure. 

The union’s endorsement adds to a growing list of McBride endorsements, including 21 Delaware legislators, the United Food and Commercial Workers, the Human Rights Campaign, EMILY’s List, and Delaware Stonewall PAC. McBride, who would be the first openly transgender politician in Congress, has powerful connections in Washington — including with the White House — and is favored to win Delaware’s lone House seat. 

A poll commissioned by HRC shows her leading the pack of three candidates vying for the seat — 44 percent of ā€œlikely Democratic votersā€ told pollster company Change Research, which works with liberal organizations. The poll of 531 likely Delaware Democratic primary voters, though, was conducted only online — meaning those with less familiarity or access to the internet may not have been counted — and Change Research’s methodology for screening likely voters is unclear. The company also did not provide a breakdown of respondents by age, gender, and race, but says it uses an algorithm to make the results representative.  

Nelson said McBride’s time in Delaware’s state Senate shows her prowess in building power and working collaboratively.  

ā€œThat’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy,ā€ she wrote.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular