Connect with us

News

Utah couples ‘humble and proud’ after day in court

Att’y gen’l apologizes for putting them ‘through this pain’

Published

on

Derek Kitchen, Utah, marriage equality, same-sex marriage, Denver, Colorado, gay marriage, gay news, Washington Blade
Derek Kitchen, Utah, marriage equality, same-sex marriage, Denver, Colorado, gay marriage, gay news, Washington Blade

Plaintiff same-sex couples in the Utah marriage equality case (Washington Blade photo by Chris Johnson)

After more than an hour of legal arguments on the constitutionality of banning same-sex marriage, the scene at the Byron White Court House took on a hopeful tone as plaintiff couples spoke to the media about their involvement in litigation seeking marriage equality in Utah.

Derek Kitchen, the namesake of the case, known as Kitchen v. Herbert, said he stands before the court “humble and proud” that the court has given so much weight to the arguments in the case, then embraced his partner, Moudi Sbeity, and gave him a kiss.

Kody Partridge, who’s also seeking the ability to marry her partner, Laurie Wood, expressed a similar sentiment when addressing reporters.

“We are hopeful that we will see a wonderful decision coming out of this court,” Partridge said.

The two were among the six same-sex plaintiff couples who were present in the courtroom as oral arguments were heard before a three-judge panel of the U.S. Tenth Circuit Court of Appeals. Judges appeared split over whether they wanted to uphold the ban, known as Amendment 3, or overturn it as a result of the appeal.

Mark Lawrence, director of the Salt Lake City-based Restore Our Humanity, was also present outside the courthouse and was optimistic the court would rule favorably on the lawsuit he helped initiate.

“I think there’s going to be a 2-1 decision,” Lawrence told the Blade. “I think that was made pretty obvious when we heard the state, and my general impression of the whole thing is I think the state is trying very, very hard to take the humanity out of this case, or trying to make it a thing instead of a case about people, and I just don’t think they can do that.”

Speaking before reporters, Kitchen was reluctant to answer questions about the legal arguments presented during the case, nor would he venture to predict which way the judges would rule, saying, “That’s not my job.”

But he did talk more about the impact of anti-gay marriage laws on couples like him and his partner.

“We are loving and committed individuals who have committed to each other,” Kitchen said.

During the news conference, a reporter said Utah Attorney General Sean Reyes was seen talking to the plaintiffs in the aftermath of the hearing and telling them, “Sorry for putting you through this pain.”

Addressing reporters to emphasize the state’s position that the marriage issue should be resolved not through the courts, but the “democratic process,” Reyes acknowledged he spoke with plaintiffs and said something along those lines.

“I offered them my best wishes,” Reyes said. “I did express to them that I was sorry that there was feeling pain. Again, this is not an easy thing to do when you know that the people you really care about on both sides of the issue will be affected very significantly and very personally. I wanted them to know that it wasn’t personal; I wanted them to appreciate that I recognize their families are as important to them as my family is to me.”

Kate Kendell, executive director of the National Center for Lesbian Rights, which is assisting in the case, said in a statement after the arguments she was heartened by what she heard.

“As a Utah native, today was a proud moment as Utah residents poignantly brought their families’ stories to a federal appeals court and made a basic request for equal treatment under our nation’s Constitution,” Kendell said. “We are optimistic the court will agree that excluding same-sex couples from the right to marry causes harm and allowing couples to marry strengthens families and hurts no one. “

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Federal Government

Holiday week brings setbacks for Trump-Vance trans agenda

Federal courts begin to deliver end-of-year responses to lawsuits involving federal transgender healthcare policy.

Published

on

While many Americans took the week of Christmas to rest and relax, LGBTQ politics in the U.S. continued to shift. This week’s short recap of federal updates highlights two major blows to the Trump-Vance administration’s efforts to restrict gender-affirming care for minors.

19 states sue RFK Jr. to end gender-affirming care ban

New York Attorney General Letitia James announced on Tuesday that the NYAG’s office, along with 18 other states (and the District of Columbia), filed a lawsuit to stop U.S. Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. from restricting gender-affirming care for minors.

In the press release, Attorney General James stressed that the push by the Trump-Vance administration’s crusade against the transgender community — specifically transgender youth — is a “clear overreach by the federal government” and relies on conservative and medically unvalidated practices to “punish providers who adhere to well-established, evidence-based care” that support gender-affirming care.

“At the core of this so-called declaration are real people: young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available,” said Attorney General James. “Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices. My office will always stand up for New Yorkers’ health, dignity, and right to make medical decisions free from intimidation.”

The lawsuit is a direct response to HHS’ Dec. 18 announcement that it will pursue regulatory changes that would make gender-affirming health care for transgender children more difficult, if not impossible, to access. It would also restrict federal funding for any hospital that does not comply with the directive. KFF, an independent source for health policy research, polling, and journalism, found that in 2023 federal funding covered nearly 45% of total spending on hospital care in the U.S.

The HHS directive stems directly from President Donald Trump’s Jan. 28 Executive Order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.

The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures like the one pushed by President Trump’s administration that restrict access to trans health care.

“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”

The lawsuit also names Oregon, Washington, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Pennsylvania, Rhode Island, Vermont, and Wisconsin as having joined New York in the push against restricting gender-affirming care.

At the HHS news conference last Thursday, Jim O’Neill, deputy secretary of the department, asserted, “Men are men. Men can never become women. Women are women. Women can never become men.”

DOJ stopped from gaining health care records of trans youth

U.S. District Judge Cathy Bissoon blocked an attempt by the Department of Justice (DOJ) to gain “personally identifiable information about those minor transgender patients” from the University of Pittsburgh Medical Center (UPMC), saying the DOJ’s efforts “fly in the face of the Supreme Court.”

Journalist Chris Geidner originally reported the news on Dec. 25, highlighting that the Western District of Pennsylvania judge’s decision is a major blow to the Trump-Vance administration’s agenda to curtail transgender rights.

“[T]his Court joins the others in finding that the government’s demand for deeply private and personal patient information carries more than a whiff of ill intent,” Bissoon wrote in her ruling. “This is apparent from its rhetoric.”

Bissoon cited the DOJ’s “incendiary characterization” of trans youth care on the DOJ website as proof, which calls the practice politically motivated rather than medically sound and seeks to “…mutilate children in the service of a warped ideology.” This is despite the fact that a majority of gender-affirming care has nothing to do with surgery.

In United States v. Skrmetti, the Supreme Court ruled along party lines that states — namely Tennessee — have the right to pass legislation that can prohibit certain medical treatments for transgender minors, saying the law is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment because it does not involve suspect categories like race, national origin, alienage, and religion, which would require the government to show the law serves a compelling interest and is narrowly tailored, sending decision-making power back to the states.

“The government cannot pick and choose the aspects of Skrmetti to honor, and which to ignore,” Judge Bissoon added.

The government argued unsuccessfully that the parents of the children whose records would have been made available to the DOJ “lacked standing” because the subpoena was directed at UPMC and that they did not respond in a timely manner. Bissoon rejected the timeliness argument in particular as “disingenuous.”

Bissoon, who was nominated to the bench by then-President Obama, is at least the fourth judge to reject the DOJ’s attempted intrusion into the health care of trans youth according to Geidner.

Continue Reading

District of Columbia

Reasons to be optimistic about 2026

Local thought leaders offer hope for the New Year

Published

on

HRC President Kelley Robinson, gay D.C. Council member Zachary Parker, and Rayceen Pendarvis are among those who expressed optimism about 2026. (Washington Blade photos by Michael Key)

It was a year like no other. It began with Donald Trump’s inauguration in January 2025 and included a takeover of D.C. police, ICE raids, challenges for the local economy, and other events that have many queer Washingtonians ready for 2026.

As we prepare to welcome the New Year, the Blade asked a range of local thought leaders  about what makes them optimistic for 2026. Here are their responses.

June Crenshaw

Deputy Director, Capital Pride Alliance

What gives me optimism for 2026 is the way our LGBTQIA2S+ community supports one another – across identities, neighborhoods, and movements – and because we continue to build our collective powers; we demand and create safer, more inclusive spaces.

Zachary Parker

Ward 5 DC. Council member

I’m optimistic about the upcoming elections and the District’s continued fight for local autonomy. One thing I know for sure is that Washingtonians are tough and persistent, and we’re ready to face any challenge as we keep fighting for D.C. statehood.

Sister Jeannine Gramick

Co-founder of LGBTQ supportive New Ways Ministry

As a nun who thinks politically about the Catholic Church, I’m extremely optimistic that Pope Leo XIV will continue to welcome LGBTQ people. At the conclave, most cardinals knew Pope Francis had (then) Cardinal Proost in mind!

Adam Ebbin

Virginia State Senator representing parts of Arlington, Alexandria, and Fairfax Counties

I am excited about 2026 bringing the return of the pro-equality governor to Virginia. I believe that Abigail Spanberger will be a champion for LGBT people and it will also be the year that we can finally pass the necessary legislation to send a constitutional amendment to the voters that would guarantee marriage equality in the Virginia Constitution.

Howard Garrett

President, Capital Stonewall Democrats

In 2026, our community can be optimistic because we’ve proven, again and again, that when we organize, we win: at the ballot box, in the courts, and in our neighborhoods. Even amid challenge, LGBTQ+ Washingtonians and our allies are building stronger coalitions, electing champions, and advancing real protections that make daily life safer and more affirming for everyone.

Paul Kuntzler

D.C. LGBTQ activist since the early 1960s, co-founder of Capital Stonewall Democrats

Last Nov. 4, 11 states held elections and Democrats won almost all of the elections. Next Nov. 3, 2026, Democrats will win control of both the House and Senate …An Economist poll reported  that 15 percent to 20 percent of those who voted for Trump no longer support him. The results of the elections of Nov. 3, 2026, will be the beginning of the end of Trump and his racist and criminal regime.

Kelley Robinson

President, Human Rights Campaign

This past year has brought relentless attacks against the LGBTQ+ community, but it has also shown the resiliency of queer folks. While this administration has worked tirelessly to oppress us, we’ve met that oppression with courage. As we step into 2026, my hope is that we carry that energy forward and continue protecting one another, fighting back against injustice, and celebrating queer joy. If  2026 is anything like 2025, we know the challenges will be intense, but our community is more determined than ever to meet hate with resilience, and to turn struggle into strength.

Freddie Lutz

Owner, Freddie’s Beach Bar in Arlington and Rehoboth Beach

I am optimistic that the current  president will fulfill his promise to boost the economy. We are all suffering – businesses in D.C. I just read it is 17 to 18 percent down. And I’m hoping the president will boost the economy. I always try to remain optimistic.

Nicholas F. Benton

Owner & Editor, Falls Church News-Press

My optimism stems from my belief in the human capacity and generosity of spirit. Those who are committed to those qualities will find a way.

Richard Rosendall

Former president, D.C. Gay & Lesbian Activists Alliance

MAGA efforts to demonize LGBTQ people are dangerous but will fail overall because understanding and acceptance have grown and endured. The blue wave in November 2026 will show this.

TJ Flavell

Organizer, Go Gay DC

Hope springs eternal. Nurturing your own wellness is vital to the New Year, including enjoying social and cultural activities through such groups as Go Gay DC – Metro DC’s LGBTQ Community. Also, 2026 ushers in a new tax deduction for charitable giving. Check the IRS website for details. You can make a positive impact in the New Year by supporting good charitable causes like the D.C. LGBTQ+ Community Center, a safe, inclusive, and affirming space where all members of our community can thrive.

Rayceen Pendarvis

Leader of Team Rayceen D.C. LGBTQ support organization 

I have experienced many trials and tribulations in my lifetime, throughout which my spirit has enabled me to find peace despite the turbulence around me. Being optimistic allows me to be a beacon of light for those who may be lost in the darkness.

Zar

Team Rayceen organizer

My reason for optimism is this: death. Life is a cycle of time, change, and destruction. Everything is impermanent; the time any person rules is finite and eventually all empires end.

DJ Honey

Team Rayceen supporter

Despite the noise, I see 2026 as a year where queer people continue choosing community over isolation. Even when challenged, our culture keeps evolving. We are more visible, more creative and intentional about building spaces that protect each other and center joy without asking permission.

Nick Tsusaki

Owner, Spark Social House, D.C. LGBTQ café and bar

I’m optimistic for 2026 because it feels like the tide is turning and we’re coming together as a community.

Continue Reading

District of Columbia

Rush reopens after renewing suspended liquor license

Principal owner says he’s working  to resolve payroll issue for unpaid staff

Published

on

Pictured is a scene from the preview night at Rush on Nov. 28. Rush reopened on Saturday after a brief closure. (Blade file photo by Michael Key)

The D.C. LGBTQ bar and nightclub Rush reopened and was serving drinks to customers on Saturday night, Dec. 20, under a renewed liquor license three days after the city’s Alcoholic Beverage and Cannabis Board suspended the license on grounds that Rush failed to pay a required annual licensing fee.

In its Dec. 17 order suspending the Rush liquor license the ABC Board stated the “payment check was returned unpaid and alternative payment was not submitted.”

Jackson Mosley, Rush’s principal owner, says in a statement posted on the Rush website that the check did not “bounce,” as rumors circulating in the community have claimed. He said a decision was made to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to pay a lower price for a one-year payment.

“Various fees and fines were added to the amount, making it necessary to replace the stop-payment check in person – a deadline that was Wednesday despite my attempts to delay it due to these circumstances,” Mosley states in his message.

He told the Washington Blade in an interview inside Rush on Saturday night, Dec. 20, that the Alcoholic Beverage and Cannabis Administration (ABCA) quickly processed Rush’s liquor license renewal following his visit to submit a new check.

He also reiterated in the interview some of the details he explained in his Rush website statement regarding a payroll problem that resulted in his employees not being paid for their first month’s work at Rush, which was scheduled to take place Dec. 15 through a direct deposit into the employees’ bank accounts.

Several employees set up a GoFundMe appeal in which they stated they “showed up, worked hard, and were left unpaid after contributing their time, labor, and professional skills to Rush, D.C.’s newest LGBTQ bar.” 

In his website statement Mosley says employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involves the IRS. He said the IRS was using his former company legal name Green Zebra LLC while D.C. officials are using his current company legal name Rainbow Zebra LLC. 

“This discrepancy triggered a compliance hold within our payroll system,” he says in his statement. “The moment I became aware of the issue, I immediately engaged our payroll provider and began working to resolve it,” he wrote.

He added that while he is the founder and CEO of Rush’s parent and management company called Momentux, company investors play a role in making various decisions, and that the investors rather than he control a “syndicated treasury account” that funds and operates the payroll system.

He told the Blade that he and others involved with the company were working hard to resolve the payroll problem as soon as possible. 

“Every employee – past or present – will receive the pay they are owed in accordance with D.C. and federal law,” he says in his statement. “That remains my priority.” 

In a follow-up text message to the Blade on Sunday night, Dec. 21, Mosley said, “All performers, DJs, etc. have been fully paid.” 

He said Rush had 21 employees but “2 were let go for gross misconduct, 2 were let go for misconduct, 1 for moral turpitude, 2 for performance concerns.” He added that all of the remaining 14 employees have returned to work at the time of the reopening on Dec. 20. 

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14th Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

With at least a half dozen or more LGBTQ bars located within walking distance of Rush in the U Street entertainment corridor, Mosley told the Blade he believes some of the competing LGBTQ bars, which he says believe Rush will take away their customers, may be responsible along with former employees of “rumors” disparaging him and Rush. 

Continue Reading

Popular