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.
Egypt
Egyptian authorities refuse to allow gay cruise to dock in country
Scarlet Lady earlier this week blocked from visiting Turkey
Egyptian authorities have refused to allow a gay cruise to dock in the country.
The Scarlet Lady, a Virgin Voyages ship that Atlantis Events chartered, was to have docked in Alexandria, a port city on the Mediterranean Sea. The Washington Blade obtained a letter that Atlantis Events President Rich Campbell sent to passengers on Thursday, hours before the cruise was to have arrived.
“Early this morning, we were informed that Scarlet Lady has been denied entry into Egyptian waters and, as a result, will no longer be able to call in Alexandria today,” he wrote.
“I know how much this visit meant to so many of you,” added Campbell. “We successfully sailed a similar itinerary last year, so we were surprised by this unfortunate decision.”
Campbell noted “both the Atlantis and Virgin Voyages teams worked tirelessly to make this call in Alexandria a possibility.”
“This news came as a surprise to all of us, and we’re just as disappointed as you are,” he said.
The 10-day cruise left Athens on July 5. It is scheduled to end in Trieste, Italy, on July 15.
The ship had been scheduled to dock in Kusadasi, a Turkish resort town on the Aegean Sea, and Istanbul earlier this week. Turkish authorities refused to allow it in the country.
Former Tempe, Ariz., Mayor Neil Giuliano, who is an LGBTQ+ Victory Institute board member, is among those on the cruise.
“Just a few hours before arriving in Alexandria, Egypt — a city founded by and named for one of the ancient world’s best-known homosexuals — government authorities rescinded permission for our ship of 2,000 gay men to enter Egypt,” wrote Steve May, who is also on the ship, on Thursday in a Facebook post.
Alexander the Great founded Alexandria in 331 B.C.
“As with Turkey, we have been sent away not because of what we did, but because of who we said we are,” said May. “‘I am what I am’ is too much liberty for some to bear. So it was in the United States as well not long ago, where even I ended up as a convicted homosexual after a military trial in 2001 for saying ‘I am gay.’ This is just a reminder that for all the progress we have made, our freedom is never secure — for any of us, regardless of who or how we love. Back to Europe!”
Discrimination and persecution based on sexual orientation and gender identity is commonplace in Egypt. The Egyptian Football Association, along with the Football Federation Islamic Republic of Iran, objected to playing in the World Cup’s “Pride Match” that took place in Seattle on June 26.
Florida
Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges
Democrat narrowly lost to DeSantis in 2018, later came out as bisexual
Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.
Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.
Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.
Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.
The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.
During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.
The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.
In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.
Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.
In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.
This is not the first time Gillum has faced legal scrutiny.
During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.
Netherlands
Dutch prime minister scheduled to open World Pride human rights conference
Rob Jetten is country’s first openly gay head of government
Dutch Prime Minister Rob Jetten is scheduled to open this year’s World Pride Human Rights Conference in Amsterdam.
Organizers in a July 1 press release said Jetten will open the conference on Aug. 5. Amsterdam Mayor Femke Halsema; South African Deputy Minister for Women, Youth, and People with Disabilities Steve Letsike; former Venezuelan National Assemblywoman Tamara Adrián; and Graeme Reid, the independent U.N. expert on LGBTQ and intersex issues, are among those who are also expected to participate in the gathering that will end on Aug. 7.
Jetten, 39, in February became the Netherlands’s first openly gay prime minister.
His centrist D66 party won the country’s elections last October. Geert Wilders’s far-right Party for Freedom narrowly lost.
Jetten took office after he formed a coalition government that includes the center-right Christian Democrats and the center-right People’s Party for Freedom and Democracy.
World Pride will take place in Amsterdam from July 25-Aug. 8.
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