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Ohio agrees Supreme Court should consider same-sex marriage case

DeWine seeks reversal of rulings finding right to gay nuptials under Fourteenth Amendment

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Mike DeWine, Ohio, gay news, Washington Blade
Mike DeWine, Ohio, gay news, Washington Blade

Ohio Attorney General Mike DeWine agrees the Supreme Court should take up a same-sex marriage case. (Photo public domain)

Ohio Attorney General Mike DeWine signaled on Friday he agrees the U.S. Supreme Court should take up litigation seeking recognition of out-of-state same-sex marriages in Ohio, but for the purposes of determining that states have a right to prohibit marriage rights for gay couples under the U.S. Constitution.

In a 34-page filing, DeWine and State Solicitor Eric Murphy make the case for review of the consolidated case of Henry v. Hodges and Obergefell v. Hodges following a decision to uphold Ohio’s ban on same-sex marriage from the U.S. Sixth Circuit Court of Appeals, which is thus far the only federal appeals court that found such laws are constitutional.

Even though the Sixth Circuit ruled in favor of the state, DeWine says the Supreme Court should consider the case to issue a nationwide ruling overruling other courts that have determine the Fourteenth Amendment prohibit states from banning same-sex marriage through the democratic process.

“The country deserves a nationwide answer to the question — one way or the other,” DeWine writes. “For its part, Ohio asks the Court to answer the legal question in favor of a dynamic view that permits the democratic debate over proper policy to continue now and going forward, rather than a wooden view that takes that policy question out of the hands of this generation and all future generations.”

The filing responds to a petition filed by plaintiff same-sex couples in the Ohio litigation asking the Supreme Court to reverse the Sixth Circuit and find a right to state recognition for out-of-state same-sex marriages throughout the country. The petition is one among five before the Supreme Court calling on justices to take up a case seeking a nationwide ruling in favor marriage equality. Petitions have been filed by plaintiff same-sex couples in Michigan, Ohio, Kentucky, Tennessee and Louisiana. But the Ohio and Tennessee cases are unique because they seek recognition of same-sex marriage, not the right for same-sex couples to marry outright.

DeWine presents two major arguments for why the Supreme Court should consider the Ohio marriage case: (1) a square circuit conflict exists over whether the Fourteenth Amendment includes a right to same-sex marriage, and (2) the court should review the Fourteenth Amendment question in the licensing and recognition contexts.

“Given the circuit split, the Court should review whether the Fourteenth Amendment includes a right to same-sex marriage,” DeWine writes. “It should ideally do so in two contexts. The Court should review a case (like the Michigan or Kentucky cases) involving whether the Fourteenth Amendment requires a State to license same-sex marriage within its borders. And it should review a case (like the Ohio cases) involving whether the Fourteenth Amendment requires a State to recognize out-of-state, same-sex marriages.”

Although DeWine says he agrees the Supreme Court should take up the Ohio marriage to resolve the issue of whether the Fourteenth Amendment guarantees the right of same-sex couples to marry, he says he opposes consideration of litigation to determine whether states must recognize out-of-state same-sex marriage on the basis of the Full Faith & Credit Clause.

DeWine offers three reasons why the Supreme Court shouldn’t consider the marriage issue based on the Full Faith & Credit Clause:  (1) it would require the Court to resolve a difficult preliminary issue; (2) it does not involve a deep circuit divide like
the first question; and (3) it was barely addressed by either of the lower courts in the Ohio case.

“The Court should instead allow for additional percolation in the lower appellate courts on this subsidiary question,” DeWine writes. “Review now would, in the end, only divert the Court from the more far-reaching constitutional questions that all of the cases out of the Sixth Circuit present.”

The Ohio filing means that state officials in each of the states with marriage cases before the Supreme Court thus far back review. The only remaining state official not to articulate a position on the issue is Tennessee Attorney General Herbert H. Slatery III. 

Leigh Ann Apple Jones, a spokesperson for his office, said he has yet to file a response as of late Friday. The deadline to file the response is Monday.

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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