Opinions
Supreme Court considers taking marriage cases
‘We are better people than what these laws represent’
(Washington Blade file photo by Michael Key)
The United States Supreme Court is scheduled to discuss seven petitions from five different states today urging the Court to decide the constitutionality of state laws excluding same-sex couples from marriage on a nationwide basis. The Supreme Court has complete discretion over whether or not to take a case. And no one knows if the Court will decide whether to take any of the cases at this time or defer its decision until a future conference this fall. Indeed, the Court will have a lot to cover at its first conference with 53 petitions in other cases on its schedule as well. However, we could learn possibly as early as Tuesday whether the Court will take up the issue of the freedom to marry nationwide this term, with a substantive, definitive decision likely in June 2015.
The momentum toward marriage equality in the courts has accelerated at breakneck speed in the just over a year since the Supreme Court’s landmark decision in United States v. Windsor invalidated Section 3 of the misnamed “Defense of Marriage Act,” a statute that prohibited the federal government from recognizing the marriages of same-sex couples validly performed in states with marriage equality. Since Windsor, 27 federal courts have found state bans to be unconstitutional, with only one lower federal court upholding such a ban. Significantly, all four federal appellate decisions, from which the seven petitions to the Supreme Court come, favor equality. Judges ruling for the freedom to marry include appointees of Presidents Carter, Reagan, G.H.W. Bush, Clinton, G.W. Bush and Obama. Federal District Judge Richard Young of Indiana described in his ruling the winning streak as a phenomenon “never” before “witnessed … throughout the federal court system ….” Similarly, 13 state courts have ruled in favor of marriage equality, with only one opposed.
The petitions before the Supreme Court arise out of federal appeals court decisions striking down five states’ marriage bans: Indiana (7th Circuit), Oklahoma (10th Circuit), Utah (10th Circuit), Virginia (4th Circuit), and Wisconsin (7th Circuit). All of the cases present the issue of whether or not a state may prohibit same-sex couples from marrying. However, the cases differ as well, and the justices likely will be considering these differences in determining which case or cases to take. Attorneys for same-sex couples in each of the cases have argued the particular circumstances of their individual cases make them desirable for review.
One difference in the cases is that the Oklahoma case raises only the issue of whether a state may ban same-sex couples from marrying under its state laws, while the other states’ cases also involve challenges to whether a state must recognize the marriages of same-sex couples validly married in other states. If the Supreme Court were to strike down state marriage bans nationwide, the Court would not need to decide if and when one state must recognize marriages performed in other states. Alternatively, if the Court declined to decide the issue nationwide or upheld state marriage bans, the issue of recognition of out of state marriages could be very important.
The various states’ laws at issue in the petitions also differ. For instance, Wisconsin permits same-sex couples to enter into domestic partnerships, affording them limited legal rights, while the other states with petitions before the Court do not. The wording of the marriage bans and the history of the political campaigns to pass them vary from state to state. Procedural histories of the cases differ as well. For instance, in Virginia, the Attorney General, representing the state defendant agrees that the ban is unconstitutional, and local county clerks are defending the state ban. In the other states, the state has uniformly defended the bans. The attorneys in each case differ, too, and include lawyers from groups who have been advocating for LGBT equality for decades, such as the National Center for Lesbian Rights, Lambda Legal, Gay and Lesbian Advocates and Defenders, and the ALCU.
The legal bases for striking down the bans also differ between the various federal appellate decisions before the Court. The appellate courts in the Oklahoma, Utah, and Virginia cases invalidated those state bans on the grounds that that they violated same-sex couples’ “fundamental right to marry,” while the appellate court in the Indiana and Wisconsin cases struck down those states’ bans on the grounds that laws that discriminate on the basis of sexual orientation are entitled to elevated scrutiny under the Constitution. Windsor held that DOMA violated the Constitution’s guarantees of both liberty and equality. Both issues, and very possibly whether the bans constitute unlawful sex discrimination, will doubtlessly be argued before the Court regardless of which case or cases it takes. However, the Justices may consider the logic or rationale of one or more of the appellate court decisions particularly useful for review.
Two additional federal appellate circuits will likely weigh in this fall as well. The Sixth Circuit heard cases arising out of marriage bans in Kentucky, Michigan, Ohio, and Tennessee in early August, and the Ninth Circuit heard cases from Idaho and Nevada in early September. From relevant circuit court precedent and the questions and comments the judges made at oral argument, most observers believe the Ninth Circuit will very likely rule in favor of equality, but the outcome of the Sixth Circuit cases is much harder to predict.
In remarks last week at the University of Minnesota, Justice Ruth Bader Ginsburg fueled speculation that the Court might wait to determine whether or not to take a case until the Sixth Circuit rules. She stated that there would be “no need for [the Supreme Court] to rush” if the Sixth Circuit ruled in favor of the freedom to marry, as all the other circuits who have addressed the issue since Windsor have. However, she said that a Sixth Circuit ruling against equality would create “some urgency” for the Court to step in. The Supreme Court often takes cases to resolve disputes among the circuits.
Further, the Supreme Court will take a case if four of the nine justices vote to hear it. The Supreme Court has stayed decisions in the Fourth, Seventh, and Tenth Circuits from taking effect until final resolution of the cases. If the Sixth and Ninth Circuits were also to rule in favor of equality, most observers believe it unlikely that the four justices who dissented in Windsor would simply let all the petitions be dismissed by voting to deny review — effectively permitting marriage equality in 20 additional states located in those circuits. But if the Supreme Court held the petitions until a circuit court ruled against the freedom to marry, many thousands of LGBT Americans could have to wait even longer for a decision. Regardless of how the Sixth Circuit rules, the issue of marriage equality is, in fact, “urgent,” for LGBT Americans, many of whom have been together for decades without legal recognition and protection.
Many of us would love to be a proverbial “fly on the wall” at the justices’ conference chamber, but we will of course have to wait until the Court makes public its decisions from the conference either later this week or on Oct. 6, the official beginning of the new term. Federal District Judge John E. Jones III, a George W. Bush appointee, wrote in his opinion, invalidating Pennsylvania’s marriage ban: “We are better people than what these laws represent, and it is time to discard them into the ash heap of history.” That time cannot come too soon.
John Lewis is legal and policy director for Marriage Equality USA.
Opinions
Why I’m supporting Gary Goodweather for D.C. mayor
In a word, longtime local resident has the character for the job
Hey fellow LGBTQ+ Democrats, this is worth reading! Especially if you’re a voter in Washington, D.C. who’s planning to cast a ballot for the nomination of local candidates in the District of Columbia in 2026.
Because next Tuesday June 16 is a really Big Deal for D.C. Democrats. It’s the first time in two decades that the doors to filling the crucially important job of mayor are wide open because no incumbent is on the ballot.
That is, Mayor Muriel Bowser is not running for election. Instead she will — at last, and after three terms in office — symbolically ride off into the political sunset. And to considerable and well deserved applause. Because she’s been rightly lauded for many important accomplishments, including her well documented record of supporting the many diverse issues concerning the LGBTQ+ community.
But she’s been equally derided for her far too spineless a record recently, of (not) effectively opposing President Donald Trump and his outrageous stationing of outsider National Guard armed troops all across D.C. This despicably sad state of affairs has been a grim statement that Washington, D.C. (not being a state) is subject to the Donald’s feral instincts for nastily mean-spirited retributions. But she’s been meek and mild, and even actively complicit with Trump, when other mayors have told Trump to buzz off. And they succeeded.
But enough about Mayor Bowser. Her “sell by date” fast approaches. The old order changes. And a new day dawns.
Next Tuesday, two candidates of this old (and by now seriously outmoded) order seek to win the coveted Democratic nomination for mayor on June 16. First, there’s Janeese Lewis George, who’s a great first or second choice by any measure. And (ahem) then there’s Kenyan McDuffie.
But this is Ranked Choice Voting and it’s brand new. It’s not “either/or” binary, just like we now appreciate that sexual orientation and identity are also non-binary.
My first choice is clear because I know him. His name is Gary Goodweather. But so, who is this outsider candidate for mayor anyway?
It goes like this. First, together with his remarkable wife, successful D.C. Realtor Meredith Margolis, Gary and their two college age kids are all 20-year residents of Dupont Circle. I actually first met Gary and Meredith a year ago at a BBQ event, when he was a speaker at the historic, progressive, feminist Woman’s National Democratic Club.
So once again, who’s this Gary Goodweather? And why should you seriously consider him for your personal first or second or even third choice?
Here’s why. He’s new to politics in the conventional old paradigm of “politics.” But he knows Washington, D.C. forwards and backwards and inside and out. Because he’s been involved for many years in successful local private sector business investments, including the development of neighborhood-based BIDs, or Business Improvement Districts including the one in NoMa.
And his thinking is typically “out-of-the box.” For example, he’s currently an actual active advocate for establishing agriculture in our densely populated urban environment — through so-called “tiered gardens.” Yes, D.C., trust me, this is an actual thing. And yes, it requires street smarts to deal with challenging zoning issues; but it’s a real example of what fresh blood and new thinking and real imagination can bring to our hogtied and often over-regulated city.
Gary was in the U.S. Army and the National Guard for four years as a captain in the armored command. He earned his MBA in finance from Johns Hopkins University in night school.
If elected, Gary would be D.C.’s first Jewish mayor. (His is Reform Judaism. Repair the breach!)
He’s become my friend and I admire his intelligence and diligence and imagination and in a word his character.
Here’s what he said to me about what he calls his political North Star: “All D.C. residents should be protected, regardless of who they love. Love is love. Love who you want. Identify how you choose to be.”
Look, it’s always time for good weather in our city. Maybe it’s time for Gary Goodweather as mayor too. First choice or second choice. Then let’s all see what happens next.
David Hoffman is a freelance writer and retired federal government civil servant. He is a longtime resident of the H Street Northeast corridor. He is a member of both the Woman’s National Democratic Club and DSA, Democratic Socialists of America Metro DC chapter.
Opinions
Don’t just vote for change — vote for Hope Solomon for mayor
LGBTQ community isn’t separate from Washington’s story — it is our story
My name is Hope Solomon, and I’m running for mayor of Washington, D.C.
I’ve spent my entire life here. I attended D.C. Public Schools. I grew up working in my family’s small business here in D.C. I live in Dupont Circle. For 17 years, I worked in national security with the Department of Defense, FBI, and Department of Homeland Security. Then last July, I got DOGE’d by Elon Musk.
I don’t recommend it as a career strategy.
But it did give me something I hadn’t had in a long time: perspective.
For the first time in years, I had space to slow down and ask a simple question: Why does it feel like Washington is being run by the same small group of people playing musical chairs, while everyone else is just expected to live with the results?
That’s when I decided to run.
I wasn’t raised in Washington’s political circles. I was raised in Washington. There’s a difference.
Some of my earliest memories are going to see the AIDS Quilt on the National Mall with my mother. I didn’t fully understand it at the time, but I understood enough to know it mattered—because it made something the country had been trying not to see completely impossible to ignore.
My family’s version of a home-cooked meal has always been Annie’s or Mr. Henry’s. I grew up going to Pride, the High Heel Race, drag brunches, and drag shows. As a kid, I thought that was just what cities were like—sequins, show tunes, queens, neighbors, everything mixed together.
Turns out that wasn’t every city.
It was Washington.
The arts shaped me just as much as anything else. I started at Fillmore Arts Center, trained for years with the Washington School of Ballet, and performed across the city—from the Kennedy Center to Warner Theatre to Lisner Auditorium.
The arts taught me discipline and confidence. But more than that, they taught me something Washington has always understood: A city works when people are free to be exactly who they are.
Growing up here, LGBTQ+ Washingtonians were my neighbors, my teachers, fellow business owners, artists, friends, and family.
They helped build the Washington I know.
And that’s why this moment matters.
Washington is facing a budget crisis. Small businesses are struggling. The federal government is openly hostile toward our city. But what worries me most isn’t just policy—it’s whether we lose what makes Washington itself while trying to fix it.
Because the soul of this city is in places like Annie’s. It’s in neighborhood restaurants, small theaters, Pride celebrations, independent businesses, and the people who make this city feel like home.
As mayor, I’ll fight to protect that. I’ll stand up for LGBTQ+ rights, support LGBTQ+ youth, invest in the arts, strengthen public safety, and back the small businesses that keep our neighborhoods alive.
Most importantly, I’ll lead with the understanding that the LGBTQ+ community isn’t separate from Washington’s story.
It is Washington’s story.
If you want another career politician, you’ve got plenty of options.
If you want someone who was shaped by this city, believes in this city, and is ready to fight for this city, I’m asking for your vote.
Learn more at HopeForDC.com. On Election Day, don’t just vote for change. Vote for Hope.
Hope Solomon is a candidate for D.C. mayor.
Opinions
Vote Kenyan McDuffie for D.C. mayor
He will best protect D.C.’s interests amid federal meddling
Elections are always important, but this year in D.C. they will bring major changes. Because of that, your vote in the Democratic primary on June 16 is more important than ever. D.C. is so overwhelmingly Democratic it is a near certainty the winners in the Democratic primary will win the general election. So, I urge everyone eligible, take the time to vote.
D.C. makes it very easy. Every registered voter has received a ballot in the mail. I cast mine before I left for a vacation. When you read this don’t put your ballot in the mail, rather vote at an early voting location, or put your ballot in one of the drop boxes around the city, or vote in person on June 16. You can find the locations for these options nearest you by going to the DCBOE website.
This year for the first time D.C.is dealing with rank choice voting, and who you rank second, or third, can make a difference in the outcome. It is important to note that you don’t have to rank the candidates. You can bullet vote for the one you like, or rank up to five. If there is one or more you like, you can simply choose a #1 and #2. Again, there is no requirement that you rank more people. From what I am seeing, in most of the races, even if five, six, or more, are running and listed on the ballot, in most of those races it will come down to one or two who have any chance. The way the city handles giving out our public money, it will cost us a lot of taxpayer dollars for all those people with no chance at all to win. I hope after these elections the Council will take a close look at how we do our public financing, and reform it. I am all for public financing, just not at the rate D.C. does it. We must ensure anyone who gets city money, accounts for every penny of it. It should never be spent on personal items. If it is not all used, it needs to be refunded to the city.
I have not made endorsements in every race, but clearly the most important race this year in D.C. is for mayor. After 12 years of Muriel Bowser serving as our mayor, there will be someone new sitting in that office after Jan. 1, 2027. What people must remember when voting for mayor, is the person we elect, even if Democrats take back Congress, and I think we will, must continue dealing with the felon in the White House for the first two years of their term. We have seen doing that requires the skill to walk a tightrope. While fighting him on nearly all he is doing, it’s crucial the mayor understands they must not alienate him to the point where he goes all out to attack the city, and the residents here. Remember, home rule gives the felon in the White House, and Congress, enormous power over us. Congress gets to review all our legislation, and our budgets, before they become law. The president controls the D.C. National Guard, and the federal agencies that in many cases get involved, and impact the work of our city. That includes housing, parks, the MPD, and others. There is only one person on the ballot who fully understands that, and has shown, by word and action, they know how to deal with him in the way that will benefit all the people in our city. That person is Kenyan McDuffie. I urge your #1 vote for him. If you have decided to vote for one of the other candidates, I would hope you would list him on your ballot as #2.
Then for Democratic Council-at-large I urge you to consider a #1 vote for Kevin Chavous. Then Brian Schwalb for Attorney General, Phil Mendelson for Council Chair, and Brooke Pinto for delegate to Congress. For Ward 5 Council I recommend Zachary Parker. For Democratic Party slots, I urge a vote for all those running on the Democrats United for a Free D.C. slate.
Then for the Independent Council-at-Large seat I urge a vote for Jacque Patterson or if you vote for Doni Crawford, rank Jacque #2.
Again, the results of this election will determine the future of the District of Columbia. It is the most important election here in years. I urge everyone who can vote in the primary to do so. Your vote can make a difference to you, and all your neighbors.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Gay 1920s-era Hollywood star to be honored in Staunton, Va.
Why I’m supporting Gary Goodweather for D.C. mayor
Don’t just vote for change — vote for Hope Solomon for mayor
Vote Kenyan McDuffie for D.C. mayor
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