National
4th Circuit tosses challenge to N.C. anti-gay marriage law
Measure allows magistrates to opt out of performing ceremonies

The Fourth Circuit has thrown out a challenge to an anti-gay marriage law.
The U.S. Fourth Circuit Court of Appeals tossed out on Wednesday a lawsuit challenging a state law allowing state magistrates to opt out of performing same-sex marriages for religious reasons, citing a lack of standing by plaintiffs in the litigation.
Writing for the three-judge panel, U.S. Circuit Judge James Harvie Wilkinson III determined plaintiffs in the lawsuit — couples who assert the law amounts to spending public funds in the aid of religion — have no standing to press a claim against Senate Bill 2.
“Plaintiffs concede that the state has not impeded or restricted their opportunity to get married,” Wilkinson said. “One same-sex couple married in 2014, another same-sex couple is engaged to be married, and the last pair of plaintiffs, an interracial couple, married in 1976. Nonetheless, they contend that their status as North Carolina taxpayers affords them standing to challenge SB2. Because plaintiffs’ claim does not fall within the narrow exception to the general bar against taxpayer standing, their suit must be dismissed.”
Joining Wilkinson, a Reagan appointee, in the 18-page decision was U.S. Circuit Judge Barbara Keenan, an Obama appointee, and U.S. Circuit Judge Stephanie Thacker, another Obama appointee.
The couples — aided by the Campaign for Southern Equality and the Charlotte-based law firm Tin Fulton Walker & Owen, sued North Carolina in December 2016 on the basis the law violates the Establishment Clause under the First Amendment and rights to due process and equal protection under the 14th Amendment.
But U.S. District Judge Max Coburn in September ruled the couples lacked any claim to standing under both of those arguments in challenging the law, throwing out the case. Although the plaintiff sought an appeal of the dismissal based on the Establishment Clause claims, the 4th Circuit issued a ruling upholding the lower court decision throwing out the case.
Luke Largess, a partner at Tin Fulton Walker & Owen and lead counsel the case, said his team his reviewing the decision and has not made a decision about the next action in the case.
“We are reviewing the court’s opinion published this morning and will make a decision about whether to pursue any further appeals, either to the full 4th Circuit or to the Supreme Court,” Largess said.
The plaintiffs in the case consist of Kay Diane Ansley and Catherine McGaughey, a same-sex couple who married in October as a result of courts overturning North Carolina’s ban on same-sex marriage; Carol Ann Person and Thomas Roger Person, an interracial different-sex couple denied a wedding in 1976, but able to obtain one in 1978 after winning a lawsuit; and Kelley Penn and Sonja Goodman, a same-sex couple in Swain County and who were engage to marry.
Rev. Jasmine Beach-Ferrara, executive director of the Campaign for Southern Equality, maintained SB2 is discrimination regardless of the 4th Circuit decision.
“SB2 is unjust and distorts the true meaning of religious freedom,” Beach-Ferrara said. “From day one, it’s been clear that SB2 is about one thing – finding a new way to discriminate against same-sex couples and privileging one set of religious beliefs over others. We will keep standing up to discrimination until LGBTQ North Carolinians are equal in every sphere of life.”
The law allows a magistrate in North Carolina to opt out of performing same-sex marriages. However, a magistrate who obtains an exemption can perform no marriages whatsoever for a six-month period. At the end of that period, magistrates can renew their request for an exemption that would last another six months.
SB2 requires at least one magistrate who can perform marriages to be present within a county office at least 10 hours per week, over at least three business days per week.
According to the North Carolina Administrative Office of the Courts, the state has 31 magistrates who currently aren’t performing marriages.
The North Carolina Legislature approved SB2 two years ago amid a series of court rulings in favor of marriage equality. Ironically, former Gov. Pat McCrory, who became infamous for signing anti-LGBT House Bill 2, vetoed the measure on the basis it defied court rulings for marriage equality. The legislature overrode his veto shortly afterward.
Among the friends-of-the-court supporting the state in litigation were the North Carolina Values Coalition, the Thomas More Law Center, the Christian Legal Society and the National Association of Evangelicals.
Tami Fitzgerald, executive director of the North Carolina Values Coalition, applauded the 4th Circuit decision in a statement as win for religious freedom.
“The NC Values Coalition applauds the 4th Circuit’s ruling upholding North Carolina’s magistrate recusal law, which simply recognizes that every citizen, even government employees, has the right to exercise their religious beliefs about marriage,” Fitzgerald said. “The court rightly held that taxpayers have not been harmed by the law, and that the law accommodates the rights of magistrates and registers of deeds to exercise conscientious objection to same-sex marriages by recusing themselves, while also insuring that same-sex couples have the ability to get married.”
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.
National
BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner
Shooter reportedly opened fire inside hotel
Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.
According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.
Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.
The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.
“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”
Trump held a press conference at the White House after he left the hotel.
“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.
Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.
D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.
Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”
Both he and Bowser said the gunman appeared to act alone.
“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”
The Washington Blade will update this story as details become more available.
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