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Eighth Circuit won’t place hold on Missouri marriage litigation

‘Show-me State’ lawsuit fast-tracked, but no date yet for arguments

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gavel, gay news, Washington Blade, justice

gavel, gay news, Washington Blade, justice

The Eight Circuit won’t place a hold on marriage litigation in Missouri. (Photo by Bigstock)

A federal appeals court considering a challenge to Missouri’s ban on same-sex marriage announced Thursday the litigation will proceed despite the U.S. Supreme Court’s agreement to take up the issue.

In a two-page order, the U.S. Eighth Circuit Court of Appeals refuses a request from Missouri Attorney General Chris Koster to place a hold on the litigation, but at the same time denies a request from plaintiff couples in the case to lift the stay on U.S. District Judge Ortrie Smith’s decision in November against the state ban.

Additionally, the court grants plaintiff same-sex couples’ request for an expedited hearing in the case and sets the briefing schedule. A legal brief from the state is due Feb. 17, a response from the plaintiff is due 30 days after, and further responses are scheduled later. But no date is yet set for oral arguments.

The Missouri case, Lawson v. Kelly, is but one lawsuit seeking marriage rights for same-sex couples pending before the Eighth Circuit.

Also before the court is an appeal of a ruling in favor of same-sex marriage in Arkansas, which was already placed on a briefing schedule identical to that of the Missouri case. Additionally, the Arkansas Supreme Court could also rule at any time on marriage as a result of state litigation.

In South Dakota, the attorney general is expected to appeal a decision in favor of same-sex marriage before the Eighth Circuit, but that hasn’t yet taken place.

Meanwhile, a district judge in North Dakota, which is also under the jurisdiction of the Eighth Circuit, took another approach and placed a hold on pending marriage litigation until the Supreme Court renders a decision on the issue.

Adam Romero, federal legal director of the Williams Institute at the University of California, Los Angeles, said the Eighth Circuit order “is both surprising and unsurprising.”

“It is surprising because courts often stay cases when a higher court is likely to rule on the exact same legal issue in the near future ā€“ which is more or less the situation here,” Romero said. “But it is also unsurprising that the Eighth Circuit refused to stay the Missouri case given that the Supreme Court has recently repeatedly refused to stay numerous judgments in favor of same-sex couples, including those from Florida, Idaho, Virginia, Utah, Oklahoma, Indiana, and Wisconsin.”

Romero said he doesn’t think the Eighth Circuit order guarantees the federal appeals court will issue a decision before the Supreme Court rules as expected in June.

“The Eighth Circuit, in the end, may get the appeal all briefed up and ready to go but then wait for the Supreme Court to rule; if that is the scenario that unfolds, I think we can expect the Eighth Circuit to act very quickly after the Supreme Courtā€™s decision is issued,” Romero said.

h/t Equality Case Files

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Federal Government

Trump ‘culture war’ complicates HUD’s distribution of $3.6B in housing grants

Senate Dems call for new agreements

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U.S. Rep. Adam Schiff (D-Calif.) (Washington Blade photo by Michael Key)

The disbursement of more than $3.6 billion in federal grants to housing providers has been paused for weeks while the U.S. Department of Housing and Urban Development seeks to condition receipt of the funding on compliance with President Donald Trump’s executive actions targeting DEI and transgender and immigrant communities.

March 4 was the statutory deadline for the agency to distribute the funds, which come through the Continuum of Care Program in support of local governments and nonprofit organizations working to promote “a community-wide commitment to the goal of ending homelessness.”

On March 13, a group of Senate Democrats led by U.S. Sens. Adam Schiff (Calif.) and Tina Smith (Minn.) wrote to HUD Secretary Scott Turner urging him to move quickly on distributing the grants and warning of the consequences that recipients are now facing and the harm they will encounter in the future if delays persist.

“To keep the lights on, providers are now being forced to draw on lines of credit at significant cost and risk to their organizations,” the senators said. “These projects enable homeless service providers to help veterans, families with children, youth, seniors, and vulnerable individuals access permanent and temporary housing, crisis counseling, and other supportive services.ā€

HUD subsequently disseminated grant agreements ā€” and Schiff published an example on his office’s website ā€” that included, among other provisions, language stipulating that the awardee (1) “shall not use grant funds to promote ‘gender ideology,’ as defined in E.O. 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” (2) certifies that it does not operate any programs promoting diversity, equity, and inclusion that violate any applicable Federal anti-discrimination laws, and (3) agrees not to use “that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.”

On March 14, the 4th U.S. Court of Appeals stayed a nationwide injunction enjoining three parts of Trump’s executive order on DEI, and the following day, HUD rescinded the CoC contracts and said to expect new agreements within a week as the agency was “working to revise its CoC grant agreements to be consistent with Federal law and compliant with applicable court orders.”

Schiff then led a second letter to Turner on March 19 with the Senate Democratic Leader Chuck Schumer (N.Y.) and U.S. Sens. Alex Padilla (D-Calif.), Martin Heinrich (D-N.M.), Ron Wyden (D-Ore.), Mazie Hirono (D- Hawaii), and Richard Blumenthal (Conn.).

“We urge the department to immediately issue new CoC grant agreements consistent with longstanding practiceā€” free of the aforementioned conditionsā€” to ensure all individuals experiencing homelessness receive protection and support, regardless of gender identity, location, or other characteristics,” they said, requesting a response by March 31.

“The initial FY2024 grant agreements issued to CoC funding recipients contained new requirements that are deeply problematic, and likely unlawful, requirements,” the senators argued. “These mandates, such as barring shelters from serving transgender people, prohibiting DEI initiatives, and certifying that they do not support ‘sanctuary’ policies protecting noncitizens, conflict with federal civil rights, fair housing, and immigration laws, raising serious legal and constitutional concerns.”

The lawmakers noted “the harm caused by these delayed and unfulfilled CoC grant agreements will fall disproportionately on our most vulnerable populations, including women, families with children, youth, veterans, survivors of domestic and intimate partner violence, people with disabilities, and LGBTQ+ individuals.” They added, “Women experiencing homelessness ā€” many of whom are fleeing domestic abuse ā€” already face significant barriers to safety and stability, and restricting access to critical housing services will only further endanger their lives and well-being.”

Citing research that nearly one in three transgender Americans has experiences homelessness in their lives, Schiff and his colleagues stressed that “Transgender and nonbinary people in the U.S. face significant barriers to securing safe housing, with many experiencing homelessness and high rates of mistreatment and violence in shelters.”

With respect to the language in the agreements about “sanctuary” policies, the senators wrote “The organizations receiving CoC funds exist to provide critical, non-discriminatory aid to those in need, regardless of their immigration status. These organizations do not set or enforce immigration policy ā€” they simply fulfill their legal duty to provide life-saving and life-changing care.”

Later on March 19, HUD began issuing new contracts that did not contain the provision concerning DEI but did include the same language about “gender ideology” and “sanctuary” policies.

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India

LGBTQ poets included in Indiaā€™s premier literary festival

Sahitya Akademi seen as mirror of governmentā€™s cultural agenda

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LGBTQ poets participated in India's Sahitya Akademi for the first time this month. (Photo courtesy of Kalki Subramaniam)

Indiaā€™s premier literary institution on March 7 announced it would allow LGBTQ poets to participate in its marquee Festival of Letters in New Delhi.

The Sahitya Akademi, often seen as a mirror of the governmentā€™s cultural agenda, for the first time allowed these poets into a high-profile poetry reading at the Rabindra Bhavan. They shared the stage with more than 700 writers across 50 languages.

Culture and Tourism Minister Gajendra Singh Shekhawat kicked off the Festival of Letters with Mahesh Dattani, the acclaimed English-language playwright famed for his provocative works, as the main guest. Dubbed Asiaā€™s grandest literary gathering, the Sahitya Akademi took place over six days under the ā€œIndian Literary Traditionsā€ theme.

The 2025 Festival of Letters showcased a sweeping range of voices ā€” young writers, women writers, Dalit authors from marginalized castes, Northeast Indian scribes, tribal poets, and LGBTQ poets ā€” cementing its reputation as a literary kaleidoscope. 

Kalki Subramaniam, a leading transgender rights activist and author, on March 9 chaired a literary session titled ā€œDiscussion on Literary Works of LGBTQ Writers in the 21st Century,ā€ which spotlighted contemporary queer voices.

ā€œIt was enriching to listen to the profound thoughts of LGBT writers from various parts of the country in their speeches,ā€ said Subramaniam. ā€œThe session was particularly memorable with the participation of A. Revathi Amma from Tamil Nadu, Reshma Prasad from Bihar, Sanjana Simon from New Delhi, and Devika Devendra Manglamukhi and Shivin from Uttar Pradesh and Aksaya K Rath from Orissa.ā€

Subramaniam discussed how global politics shape gender rights and the persistent erasure of trans identity, urging a unified push for solidarity within the LGBTQ community. She stressed the vital need to elevate queer works and writers, casting their voices as essential to the literary vanguard.

ā€œIt was a pleasure to meet great writers from around the country in the festival as well as meet my writer activist friends Sajana Simon and Revathi Amma after a long time,ā€ said Subramaniam. 

Kalki Subramaniam participates in the Sahitya Akademi (Photo courtesy of Kalki Subramaniam)

The government on March 12, 1954, formally established the Sahitya Akademi. A government resolution outlined its mission as a national entity tasked with advancing Indian literature and upholding rigorous literary standards; a mandate it has pursued for seven decades.

The Sahitya Akademi in 2018 broke ground in Kolkata, hosting the countryā€™s first exclusive gathering of trans writers, a landmark nod to queer voices in Indian literature. 

Hoshang Dinshaw Merchant, Indiaā€™s pioneering openly gay poet and a leading voice in the nationā€™s gay liberation movement, on March 9 recited a poem at the Festival of Letters, his verses carrying the weight of his decades-long quest for queer recognition. He later thanked the sessionā€™s chair for welcoming the community, a gesture that underscored the eventā€™s third day embrace of diverse voices.

The Sahitya Akademi in 2024 honored K. Vaishali with the Yuva Puraskar for her memoir ā€œHomeless: Growing Up Lesbian and Dyslexic in India,ā€ a raw account of navigating queerness and neurodivergence.Ā Vaishali in a post-win interview reflected on Indiaā€™s deep-seated conservatism around sexuality, noting she wrote from a place of relative safety ā€” an upper-caste privilege that shielded her as she bared her truth. The award, she said, was the Akademiā€™s indelible seal on her lived experience, a validation no one could challenge.

The Sahitya Akademiā€™s inclusion of LGBTQ writers in its main program this year jars with the Bharatiya Janata Party-led governmentā€™s conservative stance, which, in 2023, opposed same-sex marriage in the Supreme Court, arguing it erodes Indian family values. Yet, under Shekhawat, the Sahitya Akademiā€™s spotlight on queer voices at the Rabindra Bhavan suggests it could be a tentative crack in a regime typically rooted in tradition.

The Festival of Letters hosted a translatorsā€™ meeting on March 10, spotlighting P. Vimalaā€™s 2024 award-winning Tamil translation of Nalini Jameelaā€™s ā€œAutobiography of a Sex Worker,ā€ a work steeped in marginalized voices that include queer perspectives.

This platform gained significant support from the BJP-led government, with Shekhawat securing a 15 percent budget increase to ā‚¹47 crore ($5.63 million) in 2024. In Tamil Nadu state, however, Dravida Munnetra Kazhagamā€™s Chief Minister Muthuvel Karunanidhi Stalin, has long opposed such cross-linguistic efforts, fearing dilution of Tamil identity amid decades of anti-Hindi sentiment ā€” a tension the Sahitya Akademiā€™s inclusive showcase sought to bypass.

ā€˜The Akademi is very inclusive and has a friendly festival ambience,ā€ Subramaniam told the Washington Blade.

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District of Columbia

Whitman-Walker facing 40% federal research budget cut

Trump terminates range of health grants related to sexual minorities

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Officials at Whitman-Walker Health revealed that the organizationā€™s Institute for Health Research and Policy is facing a 40 percent cut to its federal funding due to President Trumpā€™s ongoing effort to reduce federal government spending. 

The news was announced at a weekend drag brunch fundraiser held at Her Diner. 

A spokesperson for Whitman-Walker told the Blade that final numbers of the cuts are not yet available and the full impact of the federal funding loss is not yet clear. The Institute for Health Research & Policy at Whitman-Walker works to advance good health outcomes via research, clinical trials, and evidence-based policy solutions. So itā€™s fair to assume the cuts will impact research into HIV and cancer treatments. 

In related news, last week the U.S. government terminated at least 68 grants to 46 institutions totaling nearly $40 million, according to a report from the AP. 

ā€œMost were in some way related to sexual minorities, including research focused on HIV prevention. Other canceled studies centered on cancer, youth suicide and bone health,ā€ AP reported.

Health and Human Services spokesman Andrew Nixon said the agency is ā€œdedicated to restoring our agencies to their tradition of upholding gold-standard, evidence-based science.ā€

One canceled project at Vanderbilt University was following the health of more than 1,200 LGBTQ people age 50 and older, the AP said.

This is a developing story; the Blade will update this with details on the Whitman-Walker cuts when they are available.

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