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Hawaii court upholds same-sex marriage ban

Judge cites interest in procreation as reason to ban marriage equality

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A district judge in Hawaii upheld the state’s same-sex marriage ban

A federal district court in Hawaii has upheld the state’s constitutional ban on same-sex marriage in a ruling that stands in stark contrast to recent multiple decisions that have struck down the Defense of Marriage Act and Proposition 8.

In the 120-page ruling, U.S. District Judge Alan Kay determined the Aloha State’s ban on same-sex marriage is constitutional because Hawaii has a legitimate interest in restricting marriage to straight couples.

“The legislature could rationally speculate that by reserving the name ‘marriage’ to opposite-sex couples, Hawaii’s marriage laws provide special promotion and encouragement to enter into those relationships advancing societal interests while the civil unions laws protect the individual interests of same-sex couples,” Kay writes. “In the absence of a suspect or quasi-suspect classification or a restriction on a fundamental right, the Fourteenth Amendment does not require Hawaii to endorse all intimate relationships on identical terms.”

The lawsuit, known as Jackson v. Abercrombie, was filed in December by D’Amato and Maloney, LLP, a Honolulu-based firm, on behalf of three plaintiffs: Natasha Jackson and Janin Kleid, two women in a same-sex relationship, and Gary Bradley, who’s in a civil union with his male partner.

Kay lays out numerous reasons for upholding the ban, including the idea that limiting marriage to opposite-sex couples ensures procreation and promotes the ideal family situation of having a mother and father. Additionally, Kay rules that to “constitutionalize” the issue in the courts would interfere with the process taking place in the legislature.

“Nationwide, citizens are engaged in a robust debate over this divisive social issue,” Kay writes. “If the traditional institution of marriage is to be restructured, as sought by Plaintiffs, it should be done by a democratically-elected legislature or the people through a constitutional amendment, not through judicial legislation that would inappropriately preempt democratic deliberation regarding whether or not to authorize same-sex marriage.”

An appointee of former President Reagan, Kay draws on the case of Baker v. Nelson, the 1972 marriage case that the Supreme Court declined to hear for want of federal questions, as a reason to uphold the ban, but declines to incorporate rulings against California’s Proposition 8 in the case of Perry v. Brown in his determination.

The decision upholding a state’s marriage ban is relatively unique amid a string of victories against California’s Proposition 8 and DOMA. Within the course of three years, a district court and an appeals court have ruled against California’s marriage ban, while five district courts, one appeals court and one bankruptcy court have ruled against DOMA.

Douglas NeJaime, who’s gay and a professor at Loyola Law School, said the constitutionality of DOMA and the federal constitutionality of Hawaii’s prohibition on same-sex marriage present materially different questions, but acknowledged the court notably departs from recent rulings by finding that Baker v. Nelson governs and by accepting arguments rooted in procreation.

“The other notable thing is that the court takes the Ninth Circuit at its word when it said that Perry applies only to the specific and unique situation of California, such that — as opposed to what many have been suggesting, including social-conservative activists – the Perry decision did not necessarily decide the issue for states like Hawaii, Washington, Oregon and Nevada,” NeJaime said.

The ruling comes in a state that arguably is the birthplace of the modern movement for same-sex marriage. In early 1993, the Hawaii Supreme Court ruled that refusing to grant same-sex couples marriage licenses is discriminatory. Backlash followed, including the passage of a voter referendum in 1998 allowing the state legislature to constitutionally ban same-sex marriage. The events in Hawaii also were an impetus for passage of the Defense of Marriage Act of 1996.

Still, Hawaii has seen recent movement granting legal recognition to same-sex couples. Gov. Neil Abercrombie (D) signed civil unions legislation into law last year. Further, he announced in February he wouldn’t defend the same-sex marriage ban in court, while Health Director Loretta Fuddy said she’d continue defending the amendment.

An anti-gay group was happy with the decision. Dale Schowengerdt, legal counsel for Alliance Defending Freedom, which took up defense of the marriage ban after Abercrombie declined to defend it, praised the ruling.

“This ruling affirms that protecting and strengthening marriage as the union of one man and one woman is legitimate, reasonable, and good for society,” Schowengerdt said. “The people of Hawaii adopted a constitutional amendment to uphold marriage, and the court rightly concluded that the democratic process shouldn’t be short-circuited by judicial decree.”

But proponents of the lawsuit said they were eagerly awaiting an appeal in the case.

John D’Amato, partner and co-founder D’Amato and Maloney, said he’s “disappointed” in the ruling and plans to appeal. The court that would have jurisdiction for appeal would be the U.S. Ninth Circuit Court of Appeals, which has already ruled against California’s same-sex marriage ban.

“The judge basically found in every conceivable point for defendants in the case, including on arguments that we find personally objectionable, which is that it’s OK to treat same-sex couples as second-class citizens because they make second-rate parents,” D’Amato said. “He didn’t need to reach that issue, and the fact that he did, we find, frankly, appalling.”

Following the ruling, Abercrombie issued a statement saying he’d back an appeal.

“I respectfully disagree and will join the Plaintiffs if they appeal this decision,” Abercrombie said. “To refuse individuals the right to marry on the basis of sexual orientation or gender is discrimination in light of our civil unions law. For me this is about fairness and equality.”

Donald Bentz, executive director of Equality Hawaii, said the court ruling against marriage equality was expected given “this particular judge’s temperament,” but added he’s eagerly awaiting an appeal in the case.

“Judge Kay cited a 40-year-old case and antiquated beliefs such as straights make better parents and marriage is for breeding children,” Bentz said. “The flawed and out-of-date logic begs for an appeal, which we are eagerly awaiting. This is not a set-back, but an anticipated speed bump. The question is still ‘when will marriage equality will come to Hawaii?,’ not ‘if.'”

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

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.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

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.

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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

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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