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Supreme Court considers taking marriage cases

‘We are better people than what these laws represent’

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(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.

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Greenland

The Greenland lesson for LGBTQ people

Playbook is the same for our community and Europeans

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(Photo by Maridav/Bigstock)

I understand my own geopolitical limits and don’t pretend to know how Europeans should respond to U.S. threats to seize Greenland or retaliate against anyone who opposes them. However, as I mentioned in March, it’s clear that for Europeans and LGBTQ+ people alike, hug-and-kiss diplomacy is over.

In practice, that means responding to the U.S. administration’s provocations with dialogue, human‑rights rhetoric, and reasoning may now be counterproductive. It looks weak. At some point, Europeans will have to draw a line and show how bullying allies and breaking international agreements carry a cost — and that the cost is unpredictable. On the surface, they have few options; like LGBTQ+ communities, they are very behind in raw power and took too long to wake up. But they still have leverage, and they can still inflict harm.​

Maybe it is time for them to call the bluff. America has a great deal to lose, not least its reputation and credibility on the world stage. Stephen Miller and Pete Hegseth, with all their bravado, obviously underestimate both the short‑ and long‑term geopolitical price of ridicule. Force the United States to contemplate sending troops into an ally’s territory, and let the consequences play out in international opinion, institutions, and markets.​

In the United States, LGBTQ+ communities have already endured a cascade of humiliations and live under constant threat of more. In 2025 our symbols and heroes were systematically erased or defaced: the USNS Harvey Milk was quietly renamed after a straight war hero, Admiral Rachel Levine’s title and image were scrubbed from official materials, Pride flags were banned from public buildings, World AIDS Day events were defunded or stripped of queer content, the Orlando memorial and other sites of mourning were targeted, the U.S. lead a campaign against LGBTQ+ language at the U.N., and rainbow crosswalks were literally ripped up or painted over. We cannot simply register our distress; we must articulate a response.​

In practice, that means being intentional and focused. We should select a few unmistakable examples: a company that visibly broke faith with us, a vulnerable political figure whose actions demand consequences, and an institution that depends on constituencies that still need us. The tools matter less than the concentration of force — boycotts, shaming, targeted campaigning all qualify — so long as crossing certain lines produces visible, memorable costs.​

A friend suggested we create what he called a “c***t committee.” I liked the discipline it implies: a deliberate, collective decision to carefully select a few targets and follow through. We need a win badly in 2026.

These thoughts are part of a broader reflection on the character of our movement I’d like to explore in the coming months. My friends know that anger and sarcasm carried me for a long time, but eventually delivered diminishing returns. I am incrementally changing these aspects of my character that stand in the way of my goals. The movement is in a similar place: the tactics that served us best are losing effectiveness because the terrain has shifted. The Greenland moment clarifies that we must have a two-pronged approach: building long-term power and, in the short term, punching a few people in the nose.

Fabrice Houdart published this column on his weekly Substack newsletter. The Washington Blade has republished it with his permission.

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Media obsess over ‘Heated Rivalry’ sex but ignore problem of homophobia in sports

4 major men’s leagues lack gay representation 13 years after Jason Collins came out

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Hudson Williams and Connor Storrie star in 'Heated Rivalry.' (Photo courtesy of Crave/HBO Max)

The mainstream media are agog over “Heated Rivalry,” the surprise hit HBO Max limited series about two professional hockey players who fall in love. 

The show’s stars, Connor Storrie (Ilya) and Hudson Williams (Shane), are everywhere — red carpets, award shows, morning news and late night shows. Female fans lined up for hours to catch a glimpse of Storrie, who appeared on the “Today” show last week. 

The interviews and coverage predictably involve lots of innuendo and snickering about the graphic sex scenes in the show. Storrie and Williams have played coy about their real-life sexual orientation, a subject of debate among some gay fans who would prefer they own their sexuality if, in fact, they are gay. 

But the big issue ignored by the media that the show tackles is the crippling effect of homophobia and the closet — not just on professional athletes but on anyone who isn’t comfortable being out at work. And it’s a growing problem given the hostile Trump administration. Attacks on LGBTQ people and the roll back of DEI and related protections are driving many Americans back into the closet, especially in D.C.’s large federal workforce. 

And the mainstream media seem totally unaware that there has never been an openly gay NHL player. Hell, there’s never even been a retired NHL player who came out. 

It’s a sad fact that I would not have predicted 13 years ago when Jason Collins bravely came out publicly while playing in the NBA, the first male athlete in the big four U.S. sports to do so. His announcement was widely covered in the mainstream media and Collins was even named to Time magazine’s “100 Most Influential People” list in 2014.

Then in February 2014, Michael Sam became the first openly gay player to be drafted into the NFL. He was released before the season began and did not play. But still, Sam’s decision to come out was celebrated. It felt like professional male sports was changing and finally shaking off its ingrained homophobia. Many of us awaited a flood of young professional athletes coming out publicly. And we waited. And waited. Then, seven years later, in June 2021, Carl Nassib came out, becoming the first active NFL player to do so. He was with the Las Vegas Raiders at the time and also became the first out player to play in the playoffs. He was released in the offseason and picked up by the Tampa Bay Buccaneers in 2022 and retired the following year. 

And that is the short history of out professional male athletes in the big four U.S. sports. (Women’s sports is a different story with many examples of out lesbian and bi players.) 

Sure, some pro athletes have come out after retiring, most notably Billy Bean, who went on to a long and successful career advocating from within for gay representation in Major League Baseball as the league’s vice president and ambassador for inclusion and later as senior vice president and special assistant to the commissioner.

But that’s a sorry record and professional sports leagues should redouble their efforts at making gay players (and fans) feel welcome. From fully embracing Pride nights again to adopting zero tolerance policies for hate speech, there’s much more work to be done to make it easier for pro male athletes to come out.  

“Heated Rivalry” star Williams recently told an interviewer that he has received private messages from closeted active pro athletes in multiple sports who don’t feel they can come out. How sad that in 2026, even the most successful (and wealthy) among us still feel compelled to hide in the closet. 

Let’s hope that “Heated Rivalry,” which has been renewed for a second season, sparks a more enlightened conversation about the closet and the need to foster affirming workplaces in professional sports and beyond.


Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

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Do not forget that Renee Good was queer

Far-right media link shooting victim’s sexuality to her protest of ICE

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(Washington Blade photo by Michael Key)

Please do not forget that Renee Nicole Good was a queer woman. 

Last week, Good, a 37-year-old American citizen, was shot and killed by a United States Immigration and Customs Enforcement agent in Minneapolis. Her wife Rebecca Good was present when the ICE agent shot her, standing outside their car. In the immediate aftermath, Minneapolis erupted with protests aimed at ICE in the city and Republican officials, including President Donald Trump and Vice President JD Vance, who argued the shooting was justified as an act of self-defense. 

In a press conference held this past Thursday, Vance told reporters that Good was “a victim of left-wing ideology.” “I can believe that her death is a tragedy,” Vance said,” while also recognizing that it is a tragedy of her own making.” Many criticized Vance’s statement, especially given how he blamed “left-wing extremism” for Charlie Kirk’s death in September on a Utah campus and Vance himself doubled down on condemning those who were celebrating the far-right podcaster’s fatal shooting.

Department of Homeland Security Secretary Kristi Noem implied that Good was a domestic terrorist while Fox News host Jesse Watters said that “the woman who lost her life was a self-proclaimed poet from Colorado with pronouns in her bio.” 

Laura Loomer, another far-right Trump supporter, tweeted, “‘She/her.’ Literally every time,” in response to what is believed to be Good’s Instagram account. Loomer and Watters both pointed out her pronouns are somehow part of the reason she was tied to ICE-related violence. 

As these comments from far right pundits show, far-right media coverage was quick to connect Good’s queerness to her work to inhibit ICE activity in Minneapolis. 

But while far-right news outlets highlighting Good’s queerness, centrist and even leftist news outlets also erased her wife’s experience, featuring interviews with Good’s mom and ex-husband but not her wife who was present for the shooting, feeding into the narrative that she was an “innocent” white mother while denying Good’s own agency in mobilizing for immigrants in her community. 

Nobody should be shot by government agencies ever, and these news outlets do not need to play into the construction of an “innocent” white woman for people to be outraged by her death. In fact, in doing so and denying Good’s queerness, they deny the way in which Good’s identity likely affected the way she interacted with the police. For queer and trans people, police are not safe people–in fact, Good’s last words deescalating the situation reflect the ways that homophobia and misogyny prime queer women, and all women to placate men’s emotions.

And it still didn’t work. After shooting her, the ICE agent called her a “fucking bitch,” in front of her wife who was kept away from Good while she bled out in her car.

When the media reinforces the narrative that she was an “innocent” mother, it reinforces the same sexism and racism that allows police brutality to continue. 

In an interview, author of the book After Purity released this past December, Sara Moslener said that “White womanhood has been constructed to require that white women sort of maintain purity within themselves as a way to maintain the purity within themselves as a way to maintain the purity of, the innocence of, the nation state. When the purity movement resurfaced in the 1990s, it was this recapitulation of the 19th century nation of sexual purity that was highly racialized.”

“It wasn’t something that was accessible to enslaved women, to other women of color, to immigrant women. It was this ideal of true womanhood that became connected to this idea of a strong nationstate. That rhetoric was then used to justify racial terror lynchings. If white women were threatened, you know, physically, bodily, culturally, they have the right to claim things. This was often used as a guise to justify violence and murder, especially against Black men. It even ties to the concept of Karen and the entitlement of white women, where they can weaponize their vulnerability,” Moslener said. 

Good’s shooting for many people was a breaking point for this very reason — because it represented the first time that they had witnessed a white person killed by an ICE agent or a member of the police. 

For some, their whiteness had been a source of safety because of the privilege of their skin color, or so they thought until Good’s murder this past week. In the aftermath, they are rethinking if this privilege will continue to protect them and what it can mean in a world where violence against white women’s bodies has long caused social backlash.

This is not a reason to stop fighting — Good was not the first person killed by ICE, not even the first person killed by ICE in 2026, but her whiteness is one of the central reasons that it incited outrage — because of a society that privileges and protects white women’s bodies. To describe Good as solely an “innocent” white woman, to deny her queerness, is to play into this performance of outrage about the brutalization of white women’s bodies.

If discussions of Good’s queerness — and persistent queerphobia against queer women — is not considered in our outrage, in our protests, we feed right into the same narratives that mean some police brutality, especially that against queer and trans people and people of color, goes completely unreported and unchallenged. 

This is state-sanctioned violence, and in the immediate aftermath of Good’s death, the Trump administration has demanded that people deny the evidence of their eyes and ears, has pushed the narrative that Good weaponized her vehicle against an ICE agent and that agent fatally shooting her was an act of self defense. This is categorically false but denying what we know to be true, what we can witness ourselves and understand, is the final step in fascism armed and funded by the government. 

But let’s be frank: This is not the first time that the American police or a government agent has murdered an unarmed person. Just under six years ago, George Floyd was murdered by police officers in the same city — his death was a breaking point for many who had witnessed police brutality against people of color. 

While people are eager to say Good’s name, we cannot say or remember her without remembering and saying the names of Black and Brown men and women, especially disabled people of color, who have been murdered in the hundreds by the police. Their names are often said, their murders often go unquestioned. 

People have been and will continue to say Good’s name largely because she was a white woman but the names of Black and Brown people go unsaid and unrecognized because of a system that performs outrage about violence against white bodies. What Good’s murder realized was how a system built on the protection of white women — a Christian nationalism committed to Social Purity — will still sacrifice white women who refuse to fall in line. 

Six federal prosecutors in Minnesota resigned this week over the Justice Department’s push to investigate Good’s widow. Among them was Joseph Thompson, a career federal prosecutor, who objected to investigating Good’s wife as well as the department’s refusal to investigate whether the shooting was lawful. 

In the signs, in the protests, in the prayers and pleas that you say and make in the aftermath of Good’s murder, do not deny her queerness, do not deny who she was and do not deny the work she did because in performing outrage against the murder of an “innocent” white mother we replicate the same systems of harm that hurt us all. 


Emma Cieslik is a museum worker and public historian.

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