National
Judge opens new path to challenge Mississippi anti-LGBT law
Fifth Circuit has dismissed lawsuit on basis plaintiffs lacked standing
In the aftermath of a higher court overturning his decision, a federal judge who ruled against a Mississippi “religious freedom” law enabling sweeping anti-LGBT law has opened up to a new path for a legal challenge to the statute.
U.S. District Judge Carlton Reeves, an Obama appointee, issued the order Friday in the case against Mississippi’s HB 1523 filed by the Campaign for Southern Equality and two same-sex couples in the state.
The order lifts a stay in the case, allowing up to five written interrogatories to identify which of the 82 clerk’s offices in Mississippi have sought to recuse themselves from issuing marriage licenses to same-sex couples under the law and the process by which they intend to handle those recusals.
Additionally, the order grants the state until Nov. 13, or a time until the parties may agree, to respond or object to the written interrogatories.
If a Mississippi clerk was found to have recused themselves from issuing marriage licenses or if any such recusal impaired the ability of a same-sex couple to obtain a marriage license, that could form the basis for a new challenge to HB 1523.
The law, signed by Gov. Phil Bryant last year, allows state government employees who facilitate marriages the option to opt out of issuing licenses to same-sex couples, but the person must issue prior written notice to the state government and a clerk’s office must not delay the issuance of licenses.
But the law isn’t limited to clerks. It prohibits the state from taking action against religious organizations that decline employment, housing or services to same-sex couples; families who’ve adopted a foster child and wish to act in opposition to same-sex marriage and individuals who offer wedding services and decline to facilitate a same-sex wedding.
Additionally, the law allows individuals working in medical services to decline a transgender person’s request for gender reassignment surgery.
Reeves last year issued a preliminary injunction enjoining enforcement of the “religious freedom” law on the basis that it violated the Establishment Clause, which prohibits the government from aligning itself with a particular religion. In this case, Reeves determined HB 1523 endorsed one particular religious view on LGBT people, thus was unconstitutional.
But a three-judge panel U.S. Fifth Circuit of Appeals overturned that decision on the basis that plaintiffs lacked standing to challenges the lawsuit. Despite a request from plaintiffs for a “en banc” rehearing before the full court, the Fifth Circuit refused to hear the case. As a result, the law took effect earlier this month.
The Campaign for Southern Equality lawsuit was consolidated with a separate lawsuit filed by LGBT people, a dozen Mississippi ministers and the Joshua Metropolitan Community Church. Lambda Legal, which is representing plaintiffs in that lawsuit, already sought relief after the Fifth Circuit ruling rejecting their challenge by filing a petition of certiorari before the U.S. Supreme Court. The high court has yet to act on the petition.
UPDATE: The Campaign for Southern Equality — represented by New York lesbian attorney Robbie Kaplan — filed a petition for certiorari before the Supreme Court on Monday urging justices to review the case.
“No one in this country should have to live their day-to-day life under circumstances in which their own government has officially designated them to be ‘outsiders’ for purposes of state law. Laws like HB 1523 that establish state-sanctioned religious beliefs are exactly what the First Amendment was designed to prohibit,” Kaplan said in a statement. “The founders in their wisdom intended for the protections of the Bill of Rights to have real meaning.
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.


National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.
The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing.
It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.
One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.
The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court.
One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.
President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.
Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.
In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.
The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.
Congress
Ogles faces bipartisan backlash over anti-gay social media post
Tenn. congressman blamed the comment on staffer
U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”
“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.
According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.
Following widespread criticism, Ogles removed the post and blamed it on a staff member.
“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.
The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.
Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.
“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”
U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.
“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”
Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.
“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”
Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.
“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”
The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”
Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.
Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.
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