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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 saysĀ the Supreme Court should consider the case to issueĀ a nationwideĀ rulingĀ overruling other courts that have determineĀ the Fourteenth Amendment prohibit states from banning same-sex marriage through the democratic process.

“The country deserves a nationwide answer to theĀ question ā€” one way or the other,” DeWine writes. “For its part, Ohio asks the Court to answer the legal question in favorĀ of a dynamic view that permits the democratic debateĀ over proper policy to continue now and goingĀ forward, rather than a wooden view that takes thatĀ policy question out of the hands of this generationĀ and all future generations.”

The filing responds to a petition filed by plaintiff same-sex couples in the Ohio litigation askingĀ the Supreme Court to reverseĀ the Sixth Circuit and find a right to state recognition for out-of-stateĀ 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.Ā 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) aĀ square circuit conflict exists over whether the Fourteenth Amendment includes a right to same-sex marriage, and (2) the court should review the FourteenthĀ Amendment question in the licensing and recognition contexts.

“Given the circuit split, the Court should reviewĀ whether the Fourteenth Amendment includes a rightĀ to same-sex marriage,” DeWine writes. “It should ideally do so in twoĀ contexts. The Court should review a case (like theĀ Michigan or Kentucky cases) involving whether theĀ Fourteenth Amendment requires a State to licenseĀ same-sex marriage within its borders. And it shouldĀ review a case (like the Ohio cases) involving whetherĀ the Fourteenth Amendment requires a State to recognizeĀ 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:Ā  (1) it would requireĀ the Court to resolve a difficult preliminary issue;Ā (2) it does not involve a deep circuit divide like
the first question; and (3) it was barely addressed byĀ either of the lower courts in the Ohio case.

“The Court should insteadĀ allow for additional percolation in the lower appellateĀ courts on this subsidiary question,” DeWine writes. “Review nowĀ would, in the end, only divert the Court from theĀ more far-reaching constitutional questions that all ofĀ 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 GeneralĀ Herbert H. Slatery III.Ā 

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

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District of Columbia

Senate passes separate bill to avert $1.1 billion cut to D.C. budget

Bipartisan measure prompts Democrats to back GOP funding measure

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(Washington Blade photo by Michael Key)

In a dramatic turn of events, the U.S. Senate at 6:30 p.m. on Friday passed a free-standing bill proposed by Senate Minority Leader Chuck Schumer (D-N.Y.) that calls for amending the Republican-backed budget reconciliation measure to add language eliminating the measureā€™s call for a $1.1 billion cut in the D.C. budget.

Schumerā€™s announcement on the Senate floor that the bill, which was introduced by U.S. Sen. Susan Collins (R-Maine), had bipartisan support prompted eight other Democratic senators and one independent to join Schumer in voting for a motion enabling the GOP-backed budget measure to clear a Democratic filibuster requiring 60 votes to overcome.

The cloture motion to end the filibuster passed by a close margin of 62 to 38, with 37 Democrats who strongly opposed the GOP budget measure voting against cloture. Senator Rand Paul (R-Ky.) was the only GOP senator to vote against cloture. Ā 

The Senate then voted along partisan lines to approve the budget reconciliation measure that still includes the $1.1 billion D.C. budget cut provision in an action that averted a federal government shutdown that would have begun at 12:01 a.m. on Saturday, March 15.

Schumer pointed out in the Senate debate over the budget measure that the U.S. House of Representatives, which approved the budget measure containing the $1.1 billion D.C. budget cut four days earlier, will now also have to vote on the freestanding bill exempting D.C. from the House-initiated budget cut when it returns from its recess on March 24.

According to Schumer and others supporting the Collins bill, the bill enjoys bipartisan support in the House, which some political observers say is expected to pass the bill.

The Senate passed the Collins bill by voice vote without a roll call vote being taken after the Senate approved the budget reconciliation measure. 

The House budget reconciliation bill passed March 11 broke from longtime past practices for budget bills by declaring D.C. a federal agency and subjecting it to what D.C. Mayor Muriel Bowler and city officials called an unjustified city budget cut that would have a ā€œdevastatingā€ impact on D.C. residents.

The unexpected budget cut, if not reversed now by the House, would require the city to make large scale cuts in its current fiscal year 2025 budget that would impact a wide range of city programs, including programs impacting the LGBTQ community, according to observers.

In his remarks on the Senate floor, Schumer said he agreed with his Democratic colleagues who voted against the cloture motion that the GOP backed budget conciliation bill, which is backed by President Donald Trump, is a bad bill that will be harmful to the country.  

ā€œFor sure the Republican bill is a terrible option,ā€ Shumer said on the Senate Floor on Thursday. ā€œBut I believe allowing Donald Trump to take … much more power via a government shutdown is a far worse option,ā€ the Washington Post quoted him as saying.

Among those who chose not to join Schumer in voting for cloture to end the filibuster and allow the GOP budget measure to be approved were U.S. Sen. Tammy Baldwin (D-Wis.), the Senateā€™s only openly lesbian member, and the two Democratic senators from Maryland and Virginia.

But each of them spoke out strongly in favor of the Collins bill to exempt D.C. from the $1.1 billion budget cut.

D.C. officials had initially asked senators to amend the budget reconciliation measure itself to take out the provision calling for the D.C. budget cut. But such an amendment would have been far less likely to pass, and it would have required the House to approve it. With a House vote on that not likely to happen until March 24, the deadline would have been missed to avoid a government shutdown. 

Although Collins introduced the freestanding bill in cooperation with Schumer and with strong support from U.S. Sen. Chris Van Hollen (D-Md.), Senate observers believe the Collins bill would not have received as much support from Senate Republicans if Schumer had not worked out a deal with Senate GOP leaders to garner enough Democratic votes to end the filibuster and secure passage of the GOP budget reconciliation measure. 

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Kenya

Queer Kenyans with HIV/AIDS face double burden of stigma, discrimination

Advocacy group released findings of 2024 report on March 3

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Kenyan flag (Photo by rarrarorro/Bigstock)

Queer Kenyans living with HIV/AIDS face the double burden of stigma and discrimination due to their LGBTQ identities and HIV status.

The National Empowerment Network of People Living with HIV and AIDS in Kenya (NEPHAK)’s latest report notes this reality, while also revealing queer people stigmatize and discriminate against each other because of their HIV status.

The 2024 report titled “People Living with HIV Stigma Index Assessment,” which NEPHAK released on March 3, notes that although stigma and discrimination vary across different populations in Kenya, queer people are more affected because of the double burdens of LGBTQ identities and HIV-positive status.

ā€œFor instance, gays or men who have sex with men (MSM) reported feeling marginalized and devalued, often being labelled as immoral and worthless individuals with a bleak future,ā€ states the 78-page report. ā€œThey frequently bore the blame for their HIV-positive status and shunned by family, friends, and neighbors who caution their children against associating with them.ā€

The NEPHAK survey sampled a total of 1,305 people living with HIV/AIDS across the country, of which 322 or 24.6 percent were key populations that include gay men, transgender people, sex workers, and people who inject drugs. Eighty-five of the 322 people from key populations surveyed were gay men, while 60 were trans.

The surveyā€™s 21-member National Steering Committee of which Women Fighting AIDS in Kenya CEO Dorothy Onyango is chair, includes Solomon Wambua of the Key Populations Consortium, Ludfine Bunde from UNAIDS, and Allan Maleche from KELIN Kenya, a group that champions equal access to healthcare for LGBTQ people and others.

The reportā€™s general findings note that HIV-related stigma and discrimination remain a concern in Kenya, with low HIV disclosure levels within the family. For instance, it reveals 56 percent of respondents confirmed their spouses knew their HIV status, while only 28.7 said their children knew. The survey also notes roughly half of respondents said their partners were HIV positive, whereas 36.5 percent said their partners are negative.  

With regards to HIV testing, 62.5 percent of respondents voluntarily chose to get tested while 97.2 percent of respondents said they were on HIV treatment.  

The report also states 15.3 percent of respondents had their HIV status revealed to others by healthcare workers without their consent at healthcare facilities. Twenty-nine percent said they were unsure if their medical records are kept confidential.

The survey lists discriminatory remarks from other people at 27.8 percent, discriminatory comments from family members and friends at 24 percent, and verbal harassment at 22 percent as the top three HIV-related stigma and discrimination that people living with the virus face.

ā€œAs recounted by people living with HIV who participated in the 2024 Stigma Index study, there is no way the country will deliver on the 95.95.95 HIV Treatment targets and join the world in the path to end AIDS as a public health threat by 2030 if HIV-related stigma and discrimination is not tackled,ā€ Onyango.

She reiterated HIV-related stigma and discrimination continue to hamper HIV prevention efforts, treatment, and care interventions in all of Kenya’s 47 counties and among all populations.

ā€œStigma experienced by adolescent girls and young women and key populations, whether sex workers, men who have sex with men, transgender persons and people who inject drugs/ people who use drugs, remain high,ā€ Onyango stated.

The stigma breakdown for key populations by the report reveals 48.3 percent of trans people reported experiencing verbal harassment, 31.7 percent reported instances of blackmail, and 28.3 percent admitted they do not seek health care. Another 36.7 percent of respondents said their families discriminate against the because of their gender identity. Of the 60 trans people surveyed, 41, or 68.3 percent, said they belong to a network or support group for trans people.

Almost half, or 48.2 percent, of the 85 gay people surveyed said they experience verbal harassment and 50 percent indicated family and friends discriminate against them. Another 39.5 percent said they are afraid to seek health care; 38.8 percent avoided seeking medical treatment due to concerns about their identity being exposed, while 81.2 percent said they belong to an MSM network.

ā€œMany MSM felt compelled to conceal their identity and remained closeted, further isolating themselves from support networks. These discriminatory attitudes also deterred MSM from seeking essential healthcare services, as they feared judgement and condemnation,ā€ reads the report.

It further notes MSM basic rights are frequently disregarded or denied, making them vulnerable to verbal and physical assaults, insecure, and marginalized. Religious communities also promote stigma that further isolates gay people and contributes to their isolation.

ā€œI have experienced discrimination and stigma in church where the MSM have been branded evil and linked to sin. We have been called purveyors of immorality and disease by pastors,ā€ an unnamed MSM from Mombasa told NEPHAK researchers. ā€œAdditionally, there have been instances of discrimination among my MSM friends who are HIV negative, for example, when they refuse to share drinks with those of us who are HIV positive.ā€

Another MSM living with HIV noted disclosing his status is very difficult and their family and community because of stigma, even from a partner.

ā€œIt happened that I went to a certain facility and one of the health workers said to me, the activities you engage in (having sex with fellow men) should be prayed for so that you stop as they are putting you at risk,ā€ they told NEPHAK researchers.  

Some MSM living with HIV, however, noted joining support groups after they learned their status has had a positive impact.  

ā€œMeeting up with people who have the same status has been comforting,” one MSM told NEPHAK researchers. “This is because we get to share our ideas and experiences, as well as give each other advice on how to live positively.

The report urges relevant organizations and the Key Population Consortium to create awareness campaigns to tackle stigma and discrimination against queer people with HIV/AIDS. It also calls for households, communities, and relevant institutions to become more sensitive to the promotion and protection of the rights of people living with HIV/AIDS and working with religious leaders to address HIV-related stigma and discrimination.

The report further urges relevant health institutions and partner organizations to expand knowledge of the law, privacy and confidentiality among officials, administrators, clergy, and the general public.

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World

InterPride issues advisory for transgender, nonbinary people traveling to US

WorldPride to take place in D.C. from May 17-June 8

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(Washington Blade photo by Michael Key)

InterPride on Wednesday issued a travel advisories for transgender and nonbinary people who want to travel to the U.S. for this year’s WorldPride.

“Due to an executive order issued by the U.S. president on Jan. 20, all travelers must select either ‘male’ or ‘female’ when applying for entry or visas. The gender listed at birth will be considered valid,” reads the advisory that InterPride posted on its Facebook page. “If your passport has ‘X’ as a gender marker or differs from your birth-assigned gender, we strongly recommend contacting the U.S. diplomatic mission before traveling to confirm entry requirements.”

WorldPride is scheduled to take place in D.C. from May 17-June 8.

InterPride is the organization that coordinates WorldPride events. The Capital Pride Alliance is the local host.

“With WorldPride Washington, DC 2025 coming up, weā€™re working on a guide and will share updates soon,” reads InterPride’s advisory.

President Donald Trump’s anti-transgender executive orders have sparked growing concern among governments and advocacy groups around the world.

Germany’s Federal Foreign Office last week issued a travel advisory for trans and nonbinary people who are planning to visit the U.S. It specifically notes Trumpā€™s executive order that bans the State Department from issuing passports with ā€œXā€ gender markers.

ā€œThe relevant gender identity of the applicant at the time of birth is the relevant one,ā€ reads the advisory. ā€œTravelers who have the ā€˜Xā€™ gender marker or whose current gender entry differs from their gender identity at birth should contact the relevant U.S. diplomatic mission in Germany before entering the country and find out the applicable entry requirements.ā€

Egale Canada, one of Canadaā€™s largest LGBTQ advocacy organizations, on Feb. 6 announced its members will not attend WorldPride and any other event in the U.S. because of the Trump-Vance administration’s policies.

Capital Pride told the Washington Blade it is working with InterPride on the guide it mentioned in its advisory.

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