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Arkansas appeals marriage ruling to Eighth Circuit

Litigation joins Missouri lawsuit pending before federal appeals court

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Arkansas, gay marriage, marriage equality, same-sex marriage, Pulaski County Courthouse, Little Rock, gay news, Washington Blade

Arkansas, same-sex marriage, gay marriage, marriage equality, gay news, Washington Blade

One of the couples who married at Pulaski County Courthouse in Little Rock, Ark. (Photo by Grav Weldon)

The attorney general of Arkansas formally appealed Tuesday a decision by a federal court against the state’s ban on same-sex marriage to the U.S. Eighth Circuit Court of Appeals.

In a one-page notice, Attorney General Dustin McDaniel — a Democrat who supports same-sex marriage, but has been defending the state’s marriage ban in court — indicated his intent to appeal the ruling to the federal appeals court.

On Nov. 25, U.S. District Judge Kristine Baker ruled against the state’s ban on same-sex marriage on the basis that it violates the Fourteenth Amendment to the U.S. Constitution. Until this time, the state had yet to make a decision on whether it would appeal the decision.

In a statement, McDaniel said he held off on deciding whether to appeal because he was anticipating a ruling in related state litigation seeking marriage equality before the Arkansas Supreme Court.

“I had hoped that the Arkansas Supreme Court would rule in Wright v. Smith prior to the deadline to file notice of appeal in the federal case. Had they done so, their guidance would have been helpful,” McDaniel said. “Because it appears that the Arkansas Supreme Court will not announce its decision before December 26, which is the deadline to submit a notice of appeal in the federal case, I believe it is necessary to file this notice, in keeping with my obligation to oppose all challenges to our State Constitution.”

Earlier this year, same-sex marriage briefly came to Arkansas as a result of a decision in state litigation by Sixth Judicial Circuit Judge Chris Piazza, allowing an estimated 541 same-sex weddings to take place before the Arkansas Supreme Court stayed those weddings.

The Arkansas litigation isn’t the only lawsuit seeking the right for same-sex couples to marry before the Eighth Circuit. Earlier this month, Missouri Attorney Chris Koster appealed a decision in favor of same-sex marriage in Missouri to the federal appeals court.

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.

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District of Columbia

Judge issues revised order in Capital Pride stalking case

Defendant Darren Pasha agreed to accept less restrictive directive

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Darren Pasha (Washington Blade photo by Lou Chibbaro, Jr.)

A D.C. Superior Court judge on April 30 reinstated an anti-stalking order requested by the Capital Pride Alliance against local gay activist Darren Pasha based on allegations that Pasha engaged in a year-long effort to harass, intimidate, and stalk the organization’s staff, board members, and volunteers.

The reinstated order by Judge Robert D. Okun followed an April 17 court hearing in which he rescinded a similar order he initially approved in February on grounds that more evidence was needed to substantiate the need for the order.   

At the time he rescinded the earlier order he scheduled an evidentiary hearing for April 29 at which three Capital Pride staff members testified in support of the anti-stalking order. But Okun discontinued the hearing after Pasha, who was representing himself without an attorney, announced he was willing to accept a revised, less restrictive temporary restraining order.

The judge said Pasha’s decision to accept a restraining order made it no longer necessary to continue the evidentiary hearing. He then asked Capital Pride and Pasha to submit their suggested revisions for the order which they submitted a short time later.

The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a civil complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride staff, board members, and volunteers. It includes a 167-page addendum of “supporting exhibits” that includes multiple statements by unidentified witnesses.

Pasha, who has represented himself without an attorney, has argued in multiple court filings and motions that the stalking allegations are untrue. In his initial court response to the complaint, he said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.

Similar to his earlier anti-stalking order against Pasha, Okun’s reissued order on April 30 states, a “Temporary Anti-Stalking Order is GRANTED, effective immediately and remaining in effect until further order of the Court or final disposition of this matter.”

It adds, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communication, or any other means.”

Unlike the earlier order, which did not identify the “protected persons” by name, the latest order includes a list of 34 people, 13 of whom are Capital Pride staff members or volunteers, including CEO Ryan Bos and Chief Operating Officer June Crenshaw. The other 21 people listed are identified as Capital Pride board members, including board chair Anna Jinkerson.

Possibly because Pasha addressed this in his suggested version of the order, the judge’s revised order says Pasha is allowed to visit the D.C. LGBTQ+ Community Center, where the Capital Pride office is located, if he gives the community center a 24 hour advance notice that he will be visiting the center, which hosts many events unrelated to Capital Pride. The earlier order required him to stay at least 100 feet away from the Capital Pride office.

The new order also prohibits Pasha from attending 21 named events that Capital Pride Alliance either organizes itself or with partner organizations that were scheduled to take place from April 30 through June 21. The order says he is allowed to attend the two largest events, the June 20 Pride Parade and the June 21 Pride Festival and Concert, in which 500,000 or more people are expected to attend.

It says Pasha is also allowed to attend the June 15 Pride At The Pier event organized by the Washington Blade.

But for those three events the order says he is restricted from entering “ticketed and controlled access areas.”

At the April 29 court hearing, Okun also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the civil complaint case brought by Capital Pride without going to trial. 

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New Zealand

New Zealand blood donation rules shift

One-size-fits-all assumptions about gay, bi, and takatāpui men to end

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(Photo by Belish via Bigstock)

YOUR EX, an LGBTQ newspaper in New Zealand, published this article on April 28. The Washington Blade is publishing it with permission.

More gay, bi, and takatāpui men in Aotearoa may soon be able to donate blood, with New Zealand Blood Service changing its sexual activity screening rules in a move that shifts the focus away from sexuality and on to specific recent behavior.

For many queer people, the change represents a move away from treating all men who have sex with men as a single risk category. Instead, all donors will be asked the same questions about new or multiple sexual partners in the past three months, and whether they have had anal sex with those partners.

Under the new approach, donors who have had anal sex with a new or multiple partners in the past three months will still face a three-month deferral. But those who have not — and who meet all other eligibility criteria — will be able to donate. Donors will also be asked whether they have had gonorrhea or any other sexually transmitted infection in the past three months, with a three-month wait applying after treatment and recovery.

That change could open the door for some gay, bisexual, takatāpui and other men who have sex with men who were previously excluded from giving blood. In particular, men who have had anal sex with only one partner in the past three months, where that sexual contact has been ongoing for longer than three months, may now be eligible to donate, including those in long-term single-partner relationships.

For years, blood donation rules have been experienced not just as a public health measure, but as a blunt and often stigmatizing signal that queer men were viewed differently from everyone else. This change suggests a more nuanced approach, one that looks at what people do, rather than who they are, based on findings from the Sex and Prevention of Transmission Study (SPOTS) and international evidence supporting behavior-based screening.

New Zealand Blood Service says the new model will maintain the safety of the blood supply while making donation more inclusive.

Still, the new rules are not a complete removal of the restrictions, and some will see them as progress rather than full equity. The three-month deferral remains in place for donors who have had anal sex with a new or multiple partners, even if they are taking PrEP or using condoms. New Zealand Blood Service says that while PrEP is highly effective for HIV prevention, it can mask low levels of HIV during testing, and condoms are not considered completely fail-safe.

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Congress

Bill seeks to block global gag rule expansion

Policy now bans US foreign aid to groups promoting ‘gender ideology’

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24, 2026. A bill would block his administration's expansion of the global gag rule. (Washington Blade photo by Michael Key)

Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.

President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.

Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.

The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.

U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.

“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.

Meng in a Congressional Equality Caucus press release added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.” 

“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”

“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”

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