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Louisiana agrees Supreme Court should review marriage ban

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

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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.

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Turkey

Dozens detained after Turkish authorities raid LGBTQ groups, businesses

Raids targeted gay bars, activists’ homes

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(Photo by Lora Sutyagina/Bigstock)

Authorities in Turkey over the weekend detained dozens of people during raids they carried out against gay bars and LGBTQ activists’ homes across the country.

The BBC reported the raids were part of the government’s “My Family is Safe” campaign.

A statement from a group of Turkish advocacy groups the Washington Blade received on Sunday noted Justice Minister Akın Gürlek said the operation included “162 individuals, nine associations, and 13 businesses across 15 provinces.” Prosecutors in Istanbul, Ankara, Izmir, Aydın, and Mersin are coordinating the campaign.

Kaos GL, one of the country’s largest advocacy groups, was among the targets.

“The authorities have referred to allegations including ‘obscenity,’ ‘facilitating prostitution or providing premises for prostitution,’ exposure of children to allegedly obscene content, drug-related offenses, and other morality-related offenses,” reads the press release the Blade received. “Information from the field indicates that additional allegations, including forming a criminal organization, may appear in some investigation files.” 

“The reported inclusion of the offense of “establishing an organization for the purpose of committing crimes” under Article 220 of the Turkish Criminal Code is particularly alarming and, if confirmed, would mark a significant escalation in the criminalization of LGBTI+ human rights activism,” it added. “While LGBTI+ activists and organizations have recently faced and continue to face investigations and prosecutions on grounds such as ‘obscenity’ and alleged violations of the Law on Associations, the use of an organized-crime allegation represents a qualitatively more serious threshold, both in terms of the gravity of the accusation and the potential penalties involved.”

Turkish authorities under President Recep Tayyip Erdoğan’s government over the last decade have cracked down on LGBTQ and intersex activists in the country.

Police in 2015 used tear gas and water cannons against people who were about to participate in an Istanbul Pride march. Authorities in 2017 arrested nearly two dozen people who defied a ban on Pride events in the city.

Police in Ankara, the Turkish capital, in 2019, arrested 18 students and an academic who participated in a Pride march at the Middle East Technical University. They faced up to three years in prison, but a court in 2021 acquitted them. Police in 2022 violently broke up a Pride parade at the same Ankara university.

Turkish authorities in July refused to allow a gay cruise ship — the Scarlet Lady, a Virgin Voyage vessel that Atlantis Events chartered — to dock in Kusadasi, a resort town on the Aegean Sea.

Kusadasi is in Aydın Province, one of the provinces in which authorities conducted the raids. Turkish officials also refused to allow the Scarlet Lady to dock in Istanbul.

A Turkish source on Sunday told the Blade the “My Family is Safe” operation began on the 46th anniversary of a military coup that toppled the country’s government in 1980.

“The fact that this operation began on the night of Sept. 12 — the 46th anniversary of the 1980 coup — is highly significant in terms of the foundations of the prohibitive and repressive mindset directed at the LGBTI+ community,” they said. “Moreover, many LGBTI+ organizations had been subject to official inspections last week.”

“Conducting this operation on a Saturday night shortly thereafter also serves the purpose of heightening fear and anxiety within the community,” added the source.

The source asked the Blade not to reveal their identity.

ILGA-Europe in a statement described the raids as “the systematic dismantling of LGBTI civil society.” Paris Mayor Emmanuel Grégoire is among the European officials who have publicly condemned them.

The Blade will update this story with additional details as they become available.

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Comings & Goings

Pierce named to Virginia Governor’s LGBTQ+ Advisory Board

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Jaime Christopher Pierce

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, landed an exciting internship, or are graduating and beginning your career with a new job, let us know so we can share your success.

Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.  

Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.

Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”

Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.

Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University. 

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National

Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090

Eligibility for same-sex partner survivors remains unclear

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The September 11th Victim Compensation Fund has awarded more than $18 billion to 77,000 9/11 victims and their families since 2011. (Photo by Anthony Correia/Bigstock)

As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011. 

Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed. 

Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.

“Twenty-five years since that day, the September 11th Victim Compensation Fund has  served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.

In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”

LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.

Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.

She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.

“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.

The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court  and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment. 

A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.  

In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.

“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.

She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.

“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”

The VCF website, which has additional detailed information, can be accessed at www.vcf.gov

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