News
Ohio agrees Supreme Court should consider same-sex marriage case
DeWine seeks reversal of rulings finding right to gay nuptials under Fourteenth Amendment

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.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
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.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
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.
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.”
