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Supreme Court declines to hear gay adoption case

Advocates say decision lets stand a ‘dangerous’ ruling

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U.S. Supreme Court (Blade file photo by Michael Key)

The U.S. Supreme Court announced on Tuesday it won’t hear an appeal of a case that sought to protect adoption rights for gay couples.

The court denied the petition for a writ of certiorari, which was filed by Lambda Legal, in the case of Adar v. Smith. Justices didn’t offer a comment on why they wouldn’t hear the lawsuit, which effectively ended the path for the litigation.

Kenneth Upton, supervising senior staff attorney in Lambda’s south central regional office in Dallas, said the Supreme Court is “leaving untouched a dangerous” previously issued ruling that leaves same-sex parents who have adopted or plan to adopt “treated differently from state to state.”

“By denying this writ, the Supreme Court is leaving untouched a dangerous Fifth Circuit Court of Appeals ruling that carves out an exception to the Full Faith and Credit Clause of the U.S. Constitution and to the uniformly recognized respect for judgments that states have come to rely upon,” Upton said. “This decision leaves adopted children and their parents vulnerable in their interactions with officials from other states.”

The case involves Oren Adar and Mickey Smith, a gay couple who in 2006 adopted their Louisiana-born son in New York, where a judge issued an adoption decree. In 2007, the couple attempted to obtain a new birth certificate for their child in part so Smith could extend his health insurance coverage to his son.

However, State Registrar Darlene Smith wouldn’t issue a certificate with both adopted parents’ names, saying Louisiana doesn’t recognize adoption by unmarried parents.

In October 2007, Lambda filed a lawsuit on the basis that the registrar was violating the U.S. Constitution’s Full Faith and Credit Clause and Equal Protection Clause. Lambda argued that under the Full Faith and Credit Clause, judgments issued by a court in one state, such as New York, must be legally binding in other states, such as Louisiana.

Judges have ruled in varying ways as the lawsuit has made its way through the courts. In 2008, a U.S. district court ruled in favor of plaintiffs and ordered the Louisiana registrar to issue a new birth certificate identifying both Adar and Mickey Smith as the parents. In 2010, a three-judge panel of the U.S. Fifth Circuit Court of Appeals unanimously affirmed the judgment.

However, under appeal, a ten-member majority of the full Fifth Circuit in April issued a decision ruling in favor of the Louisiana registrar and overturning the prior decisions. The Supreme Court’s decision not to take up the case leaves the appellate court’s decision as it stands.

Jennifer Chrisler, executive director of the Family Equality Council, expressed sadness over the high court’s decision not to take up the case.

“My heart breaks for these parents, and for children across the country who lack the legal relationship with their parents,” Chrisler said. “A growing number of LGBT parents are creating their families through adoption and although they are bound together by love, we cannot allow states to deny them legal recognition.”

Lambda’s Upton said advocates will take up the issue with the Louisiana state legislature to ensure same-sex couples have protections for their adopted children.

“This issue now moves into the legislative arena,” Upton said. “We need to push for a change in Louisiana state policy in order to stabilize and standardize respect for parent-child relationships for all adoptive children.”

Whether the push for change at the state level will be successful remains to be seen. The Louisiana House is controlled by Republicans; while the Senate has a Democratic majority. Republican Louisiana Gov. Bobby Jindal is known for holding anti-gay views.

Jennifer Pizer, legal director of the Williams Institute at the University of California, Los Angeles, said the Supreme Court’s decision lets stand a “troubling precedent” that could impact not just adoption but also other family rights and court judgments.

“And, yes, to be clear, the implications for LGBT people are potentially very substantial,” Pizer continued. “As states continue to diverge — with some offering full equality to LGBT people and others still moving firmly in the other direction — interstate questions are likely to proliferate, especially with respect to family issues involving same-sex couples, transgender people, and their children.”

Pizer said the push to have the Supreme Court take up the case was “an exceedingly long shot” because justices only accept “a tiny fraction of review petitions” each year. Over the course of the upcoming years, Pizer said she expects the Fifth Circuit’s reasoning will likely be rejected by other courts “as inconsistent” with the purpose of the Full Faith and Credit Clause.

“It is not uncommon for the U.S. Supreme Court to wait until a split develops among federal circuits, sketching out the different ways an issue can be seen and the scope of consequences in the various cases, before taking a case like this,” Pizer continued. “But it’s difficult for those affected during that process, especially when a new limiting principle newly closes courthouse doors and the needs of parents and children are ignored and, in most instances, ultimately denied.”

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New York

N.Y. lawmaker vows ‘Pride flag will fly again’ at Stonewall Monument

After a Jan. 21 policy shift, Pride flags were banned at national parks, prompting backlash from Bottcher and LGBTQ advocates.

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The now gone Pride flag formerly flying at Stonewall National Monument in 2016. (Photo courtesy of the National Parks Service)

Hours after news broke that the National Park Service would no longer allow Pride flags to fly at the Stonewall National Monument — the birthplace of the modern LGBTQ rights movement in the United States — the Washington Blade spoke with New York State Sen. Erik Bottcher, who represents the area surrounding the Stonewall Inn and the national monument.

During the interview, Bottcher, who is gay, spoke about the policy change and outlined steps he plans to take in the coming days to push for its reversal.

“This is another act of erasure,” Bottcher told the Blade. “It’s a cowardly attempt to rewrite history and to intimidate our community. This is Stonewall — it’s where we fought back, where we ignited a global movement for equality — and we refuse to go back. We’re not going to accept these acts of erasure.”

The Stonewall Inn became a flashpoint in 1969 after NYPD officers raided the bar, part of a longstanding pattern of police harassment of LGBTQ spaces. The raid sparked days of protest and resistance along Christopher Street, now widely recognized as the catalyst for the modern LGBTQ rights movement.

While the events are often referred to as the “Stonewall Riots,” many activists and historians prefer the term “Stonewall Uprising,” emphasizing that the resistance was a response to systemic oppression rather than senseless violence. LGBTQ patrons and community members fought back — shouting “Gay Power!” and “Liberate Christopher Street!” — as crowds grew and frustration with police abuse boiled over.

Since the uprising, LGBTQ people and allies have gathered annually in June to commemorate Stonewall and to celebrate Pride, honoring the movement that placed LGBTQ voices at the center of the fight for equality.

In June 2016, then President Barack Obama officially designated the space as the Stonewall National Monument, making it the United States’s first national monument designated for an LGBTQ historic site.

Now, nearly 10 years later, President Trump’s appointed NPS acting director Jessica Bowron changed policy on Jan. 21 regarding which flags are allowed to be flown in national parks. Many, including Bottcher, say this is part of a larger targeted and deliberate attempt by the administration to erase LGBTQ history.

“It’s clear they’re making a conscious decision to erase the symbols of our community from a monument to our community’s struggle,” he said. “This is a calculated and premeditated decision, and it could be — and should be — reversed.”

“Let’s be clear,” Bottcher added, “they wish we didn’t exist … But we’re not going anywhere. We refuse to go back into the shadows.”

When asked why it is critical to challenge the policy, Bottcher emphasized the importance of visibility in preserving LGBTQ history.

“This is why it’s so important that we not let this stand,” he said. “Visibility is critical. When people see us, learn about us, and get to know us, that’s how we break down prejudice and stereotypes. We cannot allow them to push us back into the shadows.”

Other LGBTQ leaders and elected officials were quick to condemn the removal of the Pride flag, which had flown since the site’s official designation as a national monument.

New York City Mayor Zohran Mamdani called the decision “outrageous.”

“I am outraged by the removal of the Rainbow Pride Flag from Stonewall National Monument,” Mamdani said in a statement. “New York is the birthplace of the modern LGBTQ+ rights movement, and no act of erasure will ever change or silence that history.”

“Our city has a duty not just to honor this legacy, but to live up to it,” he added. “I will always fight for a New York City that invests in our LGBTQ+ community, defends their dignity, and protects every one of our neighbors — without exception.”

Senate Minority Leader Chuck Schumer also condemned the move.

“The removal of the Pride Rainbow Flag from the Stonewall National Monument is a deeply outrageous action that must be reversed immediately,” Schumer said in a statement to The Advocate. “Stonewall is a landmark because it is the birthplace of the modern LGBTQ rights movement, and symbols of that legacy belong there by both history and principle.”

Cathy Renna, communications director for the National LGBTQ Task Force, said the flag’s removal will not erase the movement it represents.

“They can take down a flag, but they can’t take down our history,” Renna said. “Stonewall is sacred ground rooted in resistance, liberation, and the legacy of trans and queer trailblazers who changed the course of history.”

Human Rights Campaign National Press Secretary Brandon Wolf echoed that sentiment.

“Bad news for the Trump administration: these colors don’t run,” Wolf said. “The Stonewall Inn and Visitors Center are privately owned, their flags are still flying high, and that community is just as queer today as it was yesterday.”

Tyler Hack, executive director of the Christopher Street Project, said the removal was aimed squarely at LGBTQ visibility.

“The Pride flag was removed from Stonewall for one reason: to further erase queer and trans people from public life,” Hack said. “Stonewall marks the moment when queer and trans people fought back and demanded dignity. Our history is not theirs to erase.”

Bottcher closed with a promise to his constituents — and to the broader LGBTQ community — that the Pride flag’s removal would not be permanent.

“We will not be erased. We will not be silenced,” he said. “And the Pride flag will fly again at the birthplace of our movement.”

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Florida

Disney’s Gay Days ‘has not been canceled’ despite political challenges

GayDays is moving forward with its planned LGBTQ meet-up

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(Photo by Ben Gingell/Bigstock)

Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.

Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.

In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.

“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”

Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.

In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.

“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”

In a longer message shared with supporters, organizers elaborated on that now-reversed decision.

“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.

“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”

GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.

Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.

Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.

Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.

Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.

Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.

More details about this event are expected to be released on Friday.

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New York

Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks

The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.

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(Photo courtesy of the National Park Service)

A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.

The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.

In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:

“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”

The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.

The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.

This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark. 

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