Connect with us

News

Louisiana agrees Supreme Court should review marriage ban

State says lawsuit unique because district court upheld ban on gay nuptials

Published

on

James Buddy Caldwell, gay news, Washington Blade, Louisiana
James Buddy Caldwell, gay news, Louisiana, Washington Blade

Louisiana Attorney General James “Buddy” Caldwell wants the Supreme Court to review Louisiana’s ban on same-sex marriage. (Photo courtesy of the Office of the Attorney General of Louisiana)

The attorney general for Louisiana signaled Tuesday he agrees the Supreme Court should review litigation challenging his state’s ban on same-sex marriage, but to rule in favor of the constitutionality of such laws throughout the country.

In a 22-page brief, Louisiana Attorney General James “Buddy” Caldwell and other state lawyers urge justices to take up the case, Robicheaux v. George, before the U.S. Fifth Circuit Court of Appeals issues judgment on the litigation.

The filing from the attorney general responds to a request from the LGBT legal group Lambda Legal, which is co-counsel in the case for plaintiff same-sex couples, calling on the Supreme Court to review the litigation even before judgment is rendered by the Fifth Circuit.

But while that petition calls on the Supreme Court to reverse a decision from U.S District Judge Martin Feldman, one of two federal district judges who determined bans on same-sex marriage are constitutional against a sea of others who struck down such laws, Caldwell maintains Feldman’s ruling could serve as a basis for justices to uphold bans on same-sex marriage.

“The Court’s resolution of the conflict may well hinge on the degree to which Windsor affirmed the authority of States to decide whether to adopt same-sex marriage,” Caldwell writes. “Robicheaux powerfully suggests that the contrary federal rulings get Windsor’s teaching exactly backwards.”

The Louisiana petition is one from among five others from other states — Michigan, Ohio, Tennessee, Kentucky and Louisiana — seeking Supreme Court of review of state bans on same-sex marriage.

Adam Romero, federal legal director for the University of California, Los Angeles, said the Supreme Court may well accept the Louisiana case, but noted each of the lawsuits now pending before the court call for review of court decisions upholding bans on same-sex marriage. The U.S. Sixth Circuit Court of Appeals upheld marriage bans in Michigan, Ohio, Kentucky and Tennessee.

“While the fact that the district court upheld Louisiana’s ban may give the Justices more reason to grant cert – if they are inclined to reverse such a decision – all of the pending petitions are from decisions upholding state marriage bans, so Louisiana is like Michigan, Ohio, Kentucky, and Tennessee in this regard,” Romero said.

The Fifth Circuit is already scheduled to consider the Louisiana litigation during oral arguments on Jan. 9, the same day as arguments for a lawsuit seeking marriage equality in Texas. Plaintiff same-sex couples in the Mississippi case, for which the Fifth Circuit also has jurisdiction, have requested the court hear that lawsuit on the same day.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

Published

on

(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

Continue Reading

Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

Published

on

(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

Continue Reading

Botswana

Botswana repeals colonial-era sodomy law

Country’s High Court struck down statute in 2019

Published

on

The first Palapye Pride took place in Palapye, Botswana, on Nov. 1, 2025. The country has repealed the provision of its colonial-era penal code that criminalized consensual same-sex sexual relations. (Photo courtesy of the AGANG Community Network)

Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.

The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.

The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”

Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.

“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”

“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”

LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”

Continue Reading

Popular