Connect with us

News

Missouri appeals marriage ruling to Eighth Circuit

First post-DOMA litigation seeking right to gay nuptials reaches court

Published

on

Saint Louis, St. Louis, Missouri, gay news, Washington Blade

(Photo by Daniel Schwen; courtesy Wikimedia Commons)

Nearly one month after a federal court ruling against the state’s ban on same-sex marriage, the state of Missouri formally signaled on Friday its intent to appeal the decision to the U.S. Eighth Circuit Court of Appeals.

In a two-page notice, Missouri Solicitor General Jeremiah Morgan informs U.S. District Judge Ortrie Smith, who ruled against the state’s ban on same-sex marriage last month, of the state’s intent to appeal the decision.

The notice of appeal isn’t a surprise. At the time of the ruling, Missouri Attorney General Chris Koster, a Democrat, had publicly announced the state would appeal the decision.

Although the judge stayed his ruling, same-sex couples in Jackson County already started to wed as a result of the decision and were already marrying in St. Louis as a result of an earlier state court decision against the marriage ban.

Another state court had ruled against the state’s marriage law as it pertains to recognizing same-sex marriage that have been already performed, but the state determined it wouldn’t appeal that decision.

The notice of appeal makes the Missouri federal marriage case, which was filed by the American Civil Liberties Union of Missouri on behalf of two same-sex couples, the first marriage litigation to reach the Eighth Circuit following the U.S. Supreme Court’s decision against the Defense of Marriage Act. A federal court has ruled against the ban on same-sex marriage on another state in the Eighth Circuit, Arkansas, but the state hasn’t yet indicated whether it will appeal the ruling.

Marriage litigation in the Eighth Circuit is more complicated than lawsuits in other jurisdictions because that appeals courts has upheld the ban on same-sex marriage recognition in Nebraska as constitutional in 2006 in the case of Citizens for Equal Protection v. Bruning. However, that decision came down before the Supreme Court’s decision against DOMA. It remains to be seen whether the Eighth Circuit will interpret that ruling as new guidance to reverse its previous decision and institute marriage equality throughout the jurisdiction.

State litigation seeking marriage equality in Missouri is also proceeding. The state has indicated it has appealed a decision in November from Circuit Judge Rex Burlison in favor of Missouri same-sex marriage to the Missouri Supreme Court, but didn’t seek a delay of weddings as result of the decision. The Missouri Supreme Court has yet to rule on this litigation.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

State Department

LGBTQ rights abroad not discussed during Marco Rubio confirmation hearing

Senate expected to confirm Fla. Republican as next secretary of state

Published

on

U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

U.S. Sen. Marco Rubio (R-Fla.) on Wednesday did not speak about LGBTQ rights abroad during his confirmation hearing to become the next secretary of state.

The Florida Republican in his opening statement to the Senate Foreign Affairs Committee noted President-elect Donald Trump “returns to office with an unmistakable mandate from the voters.”

“They want a strong America, a strong America engaged in the world, but guided by a clear objective to promote peace abroad and security and prosperity here at home,” said Rubio.

“The direction he has given for the conduct of our foreign policy is clear,” he added. “Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?”

Trump nominated Rubio a week after Vice President Kamala Harris conceded she lost the presidential election.

Rubio in 2022Ā defendedĀ Florida’s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

LGBTQ rights a cornerstone of Biden-Harris administration’s foreign policy

President Joe Biden in February 2021Ā signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy. A few months later he named Jessica Stern, the former executive director of Outright International, a global advocacy group, as special U.S. envoy for the promotion of LGBTQ and intersex rights abroad.

Ned Price, who was the State Departmentā€™s first openly gay spokesperson, during a May 2021 interview with the Washington Blade noted the decriminalization of consensual same-sex sexual relations was one of the administrationā€™s priorities in its efforts to promote LGBTQ rights abroad.

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell, who has been tapped as special missions envoy, to lead an initiative that encouraged countries to decriminalize homosexuality. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Stern in 2022 noted the Biden-Harris administration also supported marriage equality efforts in countries where activists said they were possible through legislation or the judicial process.

Brittney Griner in December 2022 returned to the U.S. after Russia released her in exchange for a convicted arms dealer. The lesbian WNBA star had been serving a nine-year prison sentence in a penal colony after a court earlier that year convicted her on the importation of illegal drugs after Russian customs officials found vape canisters containing cannabis oil in her luggage at Moscowā€™s Sheremetyevo Airport.

The State Department in 2022 began to issue passports with an ā€œXā€ gender marker.

The Biden-Harris administration in response to the signing of Ugandaā€™s Anti-Homosexuality Act sanctioned officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free the U.S. Harris during a 2023 press conference with then-Ghanaian President Nana Akufo-Addo in Accra, the Ghanaian capital, spoke about LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank, in 2022 became the first openly lesbian woman ambassador. David Pressman, the outgoing U.S. ambassador to Hungary, and Scott Miller, the outgoing U.S. ambassador to Switzerland and Liechtenstein, are two of the other American ambassadors who Biden nominated that are gay.

Outgoing Secretary of State Antony Blinken in 2021 appointed former U.S. Ambassador to Malta Gina Abercrombie-Winstanley as the State Department’s first chief diversity and inclusion officer.

U.S. Sen. Jim Risch (R-Idaho), who chairs the Senate Foreign Affairs Committee, criticized the State Department’s DEI efforts during Rubio’s confirmation hearing.

“The Biden administration often undercut effective foreign policy by inserting ideological and political requirements into the fabric of personnel decisions and policy execution,” said Risch.

“Rather than making hires or promotions based on merit and effectiveness, the department created new diversity, equity, inclusion, and accessibility (DEIA) requirements that distracted from this mission, undermined morale, and created an unfair and opaque process for promotions and performance evaluations,” he added. “Fealty to progressive politics became the benchmark for success. As we look around the United States that view is diminishing very quickly amongst even large progressive cooperations.”

Continue Reading

Congress

House bans trans students from competing on girls’ and women’s sports teams

Texas Democrats Henry Cuellar and Vicente Gonzalez voted for bill

Published

on

House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The U.S. House of Representatives on Tuesday voted 218-206 to pass a bill that would ban transgender students from competing in girls’ and women’s sports in elementary school through college.

Fiery exchanges erupted on the House floor, with conservatives in many cases using anti-trans language and Democrats, including several openly LGBTQ members, arguing that the bill is harmful to children, discriminatory, and unnecessary.

The decision by House Republican leadership to bring the Protection of Women and Girls in Sports Act to the floor on just the second week in which the 119th Congress is in session signals the majority’s appetite for legislation targeting trans rights and the extent to which the issue will remain a major focus and priority for conservative leadership in the Capitol and, beginning next week, in the White House.

All Republicans who were present voted in favor of the bill, while all Democrats voted no ā€” with the exception of two members representing swing districts in Texas, U.S. Reps. Henry Cuellar and Vicente Gonzalez.

Cuellar opposed the Protection of Women and Girls in Sports Act when it was introduced in 2023, explaining in a statement that he changed his position ā€œbased on the concerns and feedback he received from constituents.ā€

Gonzalez did not vote on the measure in 2023, but this year issued a statement explaining his support for the bill: ā€œI believe that there should be rules to keep our sports fair and that boys should not play in girls sports,ā€ the congressman said, using talking points that are popular among Republicans who often refer to trans women and girls as men and boys, whether for purposes of insulting them or because they refuse to acknowledge or choose to deny the existence of gender diverse people.

“Members of Congress must have the freedom to vote in a manner representative of their district,” Gonzalez said in his statement. “As Democrats, we should not be afraid to vote our districtā€™s values because weā€™re afraid of Washington.”

During the 2024 campaign, Gonzalez’s Republican opponent ran negative ads about his support for gender affirming health care for trans minors. The congressman told Spectrum News in 2023 that ā€œI have never supported tax dollars paying for gender transition surgeries and never will.ā€

Despite the newly seated 53-vote GOP majority in the U.S. Senate, the bill could languish in the upper chamber as the 2023 iteration did under Democratic control.

Still, President-elect Donald Trump promised to effectuate a ban, which experts believe would likely involve directing the U.S. Department of Education to find any school in violation of federal Title IX rules, which prohibit sex-based discrimination, in cases where they allow trans women or girls to participate in competitive sports.

Trump and other conservatives argue that cisgender women and girls are biologically disadvantaged compared to trans women and girls, which yields unfair outcomes for athletes whose birth sex is female, though research on the question of physical performance is mixed.

Proponents of the Protection of Women and Girls in Sports Act, who believe trans women and girls to be unfairly advantaged by their biology, argue that excluding them from sports is necessary to ensure fair outcomes in high-stakes competitions at the elite level, such as college athletic scholarships.

At the other end of the spectrum, the legislation contains a carveout that would theoretically allow for trans women and girls to participate in sports in limited circumstances: “Nothing in this subsection shall be construed to prohibit a recipient from permitting males to train or practice with an athletic program or activity that is designated for women or girls so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity.”

As the measure was debated on Tuesday, opponents accused their GOP colleagues of exploiting a culture war issue to “divert attention from the fact they have no real solutions to help everyday Americans,ā€ as U.S. Rep. Suzanne Bonamici (D-Ore.) put it.

Several Democrats ā€” who argued that in the absence of an enforcement mechanism, adults might inspect students’ genitals to determine their gender, which could facilitate child sexual abuse ā€” began calling the legislation ā€œthe GOP Child Predator Empowerment Act.ā€ 

The House Education Committee chair, U.S. Rep. Tim Walberg (R-Mich.), responded that birth certificates should be used to settle questions about students’ gender.

Opponents of the bill like U.S. Rep. Becca Balint (D-Vt.), a lesbian and co-chair of the Congressional Equality Caucus, contended that boundary-violating scrutiny of girls’ bodies is the “logical conclusion” of the measure.

Continue Reading

Uganda

Ugandan minister: Western human rights sanctions forced country to join BRICS

President Yoweri Museveni signed Anti-Homosexuality Act in 2023

Published

on

(Image by rarrarorro/Bigstock)

Ugandan Foreign Affairs Minister Henry Oryem has revealed U.S. and EU sanctions over the countryā€™s Anti-Homosexuality Act and other human rights violations have pushed Kampala to join the BRICS bloc.

Oryem noted Western powersā€™ decision to sanction other countries without U.N. input is against international norms, and Uganda needed to shield itself from such actions by aligning with the bloc that includes China, Russia, India, South Africa, Brazil, Egypt, the United Arab Emirates, Ethiopia, Iran, and Indonesia. (Consensual same-sex sexual relations remain criminalized in the United Arab Emirates, Egypt, and Ethiopia. Iran is among the countries in which consensual same-sex sexual relations remain punishable by death.)

Kampala officially became a BRICS member on Jan. 1, joining eight other countries whose applications for admission were approved last October during the blocā€™s 16th annual summit in Kazan, Russia.  

ā€œThe United States and European Union, whenever they impose sanctions, expect all those other countries to make sure they abide by those sanctions and if you donā€™t, you face penalties or even they sanction you,ā€ Oryem said. 

Oryem spoke before parliamentā€™s Foreign Affairs Committee on Tuesday.

MPs asked him to explain the circumstances that led Uganda to join BRICS and the countryā€™s financial obligation from the membership.      

ā€œNow because of that and the recent events, you have realized that the United States and European Union have started freezing assets of countries in their nations without UN resolutions which is a breach of international world order,ā€ Oryem said. ā€œUganda canā€™t just standby and look at these changes and not be part of these changes. It will not be right.ā€

Oryem also said President Yoweri Museveniā€™s Cabinet discussed and approved the matter before he directed the Foreign Affairs Ministry to write to the BRICS Secretariat about admitting Uganda into the bloc.

The U.S. and other Western governments condemned Museveniā€™s decision to sign the Anti-Homosexuality Act, and announced a series of sanctions against Kampala. 

Washington, for example, imposed visa restrictions on government officials who championed the Anti-Homosexuality Act, re-evaluated its foreign aid and investment engagement with Uganda, including the Presidentā€™s Emergency Plan for AIDS Relief (PEPFAR), and reviewed Kampalaā€™s duty-free trade with the U.S. under the African Growth and Opportunity Act for sub-Saharan African countries.

The U.S. in May 2024 imposed sanctions on House Speaker Anita Among and four other senior Ugandan government officials accused of corruption and significant human rights violations.

Although the EU criticized the enactment of the Anti-Homosexuality Act, the 27-member bloc did not sanction Kampala, despite pressure from queer rights activists. The state-funded Uganda Human Rights Commission and several other human rights groups and queer activists, meanwhile, continue to pressure the government to withdraw implementation of the law.

UHRC Chair Mariam Wangadya, who called on the government to decriminalize homosexuality last month, has said her commission has received reports that indicate security officers who enforce the Anti-Homosexuality Act have subjected marginalized communities to discrimination and inhuman and degrading treatment

ā€œAs a signatory to several international and regional human rights conventions, Uganda is committed to ensuring non-discrimination and equality before the law,ā€ Wangadya said.  ā€œAt the domestic level, Ugandaā€™s constitution, under Article 21, prohibits discrimination based on gender, ensuring equality before the law, regardless of sex, race, ethnicity, or social status.ā€

Museveniā€™s son comes out against Anti-Homosexuality Act

Museveniā€™s son, Army Chief General Muhoozi Kainerugaba, has also emerged as a critic of the Anti-Homosexuality Act.

ā€œI was totally shocked and very hurt. Japanese are warriors like us. I respect them very much. I asked them how we were oppressing them. Then they told me about the AHA,ā€ he said on X on Jan. 3 while talking about how the Japanese questioned him over Ugandaā€™s persecution of queer people during his recent visit to Tokyo. ā€œCompatriots, let’s get rid of that small law. Our friends around the world are misunderstanding us.ā€

Kainerugaba, who is positioning himself as Museveniā€™s successor, had already declared an interest in running for president in 2026 before he withdrew last September in favor of his 80-year-old father who has been in power for more than three decades.

In his X post, Kainerugaba also indicated that ā€œwe shall remove this Anti-Homosexuality Act in 2026.ā€ He left the platform six days later after his posts threatened Ugandaā€™s diplomatic relations.

ā€œThey (gays) are sick people, but since the Creator made them … what do we do? Even ā€˜kibokoā€™ (whips) might not work. We shall pray for them,ā€ Kainerugaba said. 

The Supreme Court is currently considering a case that challenges the Anti-Homosexuality Act. The Constitutional Court last April upheld the law.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular