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Kavanaugh shifts to Masterpiece when queried on gay marriage ruling

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Brett Kavanaugh refused to say he supports the Obergefell decision. (Blade photo by Michael Key)

President Trump’s nominee to the U.S. Supreme Court Brett Kavanaugh shifted to the ruling in the Masterpiece Cakeshop case — which came down in favor of a Colorado baker who refused to make a custom-made wedding cake for a same-sex couple — when asked Thursday whether he supports the historic ruling for same-sex marriage nationwide.

Under questioning from Sen. Kamala Harris (D-Calif.), Kavanaugh refused to say whether he thinks the Supreme Court’s 2015 decision in Obergefell v. Hodges was correctly decided.

Kavanaugh cited a practice of nominees to refuse to comment on personal views or precedent set by the high court. That’s consistent with his responses to questions on other decisions, including Roe v. Wade.

Instead, Kavanaugh referenced five cases on LGBT rights written by former Associate Justice Anthony Kennedy, whose seat he’d occupy on the high court, counting among them the Masterpiece Cakeshop decision narrowly in favor of Jack Phillips.

As Kavanaugh proceeded to enumerate the rulings, Harris interrupted and said “if we could just talk about Obergefell, that would be great,” redirecting the nominee to address Obergefell. But Kavanaugh noted each of the decisions, the 1996 ruling in Romer v. Evans, the 2003 ruling in Lawrence v. Texas, the 2013 decision in Windsor v. United States, the 2015 decision in Obergefell v. Hodges, and the 2017 decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission.

Kavanaugh said he wanted to read a statement from Masterpiece Cakeshop, but Harris insisted he address the Obergefell decision, calling it a “yes or no” question. Nonetheless, Kavanaugh pressed forward with the statement from the Masterpiece Cakeshop decision.

“In Masterpiece Cakeshop, and this is, I think, relevant to your question, Justice Kennedy wrote in the majority opinion joined by Chief Justice [John] Roberts and Justice [Samuel] Alito and Justice [Neil] Gorsuch and Justice [Stephen] Breyer, the days of discriminating against gay and lesbian Americans as inferior in dignity and worth are over,” Kavanaugh said.

Asked by Harris if he agrees with that statement, Kavanaugh replied, “That is the precedent of the Supreme Court.”

When Harris followed up by asking Kavanaugh again if he agrees with Obergefell, Kavanaugh dodged.

“Each of the justices have declined as a matter of judicial independence, each of them, to answer in that line of questions,” Kavanaugh said.

Harris pointed out Kavanaugh once said the ruling in Brown v. Board was one of the greatest moments in the court’s history and asked the nominee whether he thinks the same about Obergefell, but the nominee refused to say.

“I’ve said, senator, consistent with what the nominees have done, that the vast swath of modern case law, as Justice Kagan, you can’t as a nominee in this seat, give a thumbs up or thumbs down,” Kavanaugh said.

Pressed again by Harris on whether Obergefell was a great moment, Kavanaugh again referred to Masterpiece.

“Justice Kennedy wrote the majority opinion saying the days of treating gay and lesbian Americans, or gay and lesbian couples, as second-class citizens or inferior in dignity or worth are over in the Supreme Court,” Kavanaugh said. “That’s a very important statement.”

Chad Griffin, president of the Human Rights Campaign, criticized Kavanaugh in a statement for refusing to support the Obergefell decision.

“Brett Kavanaugh’s refusal to answer very basic, very direct questions about the Supreme Court’s historic ruling bringing marriage equality nationwide is alarming and completely unacceptable,” Griffin said. “The Obergefell decision is settled law. If this nominee cannot so much as affirm that or the fundamental equality of LGBTQ people and our families, he should not and must not be granted a lifetime appointment to our nation’s highest court.”

Gregory Angelo, president of Log Cabin Republicans, on the other hand said Kavanaugh’s response was worthy of praise.

“A Supreme Court nominee who declares that ‘the days of discrimination against gay and lesbian Americans are over’ is someone every LGBT American should celebrate — without exception,” Angelo said. “Even Ruth Bader Ginsburg refused to make such an assertion during her hearings, and she was confirmed by a vote of 96 to 3.”

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District of Columbia

Activist hosts Diwali celebration in D.C.

More than 120 people attended Joshua Patel’s party on Nov. 9.

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Joshua Patel hosted a Diwali celebration at the Speakeasy at Capo Deli on Florida Avenue, N.W., on Nov. 9, 2025. (Photo courtesy of Josh Patel)

LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.

Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.

Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.

Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party. 

“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.

In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”

Patel coined the celebration a “unifier.”

“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”

Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.

The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.

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Maryland

Harford school board appeals state’s book ban decision to circuit court

5-2 ruling in response to ‘Flamer’ directive

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The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay. (Photo by Kristen Griffith for the Baltimore Banner)

By KRISTEN GRIFFITH | Marking a historic moment in Maryland’s debate over school library censorship, Harford County’s school board voted Thursday to appeal the state’s unprecedented decision overturning its ban of a young adult graphic novel, pushing the dispute into circuit court.

The 5-2 vote followed a recent ruling from the state board overturning Harford’s ban of the book “Flamer.” In a special meeting Thursday afternoon, board members weighed whether to seek reconsideration or take the matter to circuit court — ultimately opting to appeal.

The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay.

The rest of this article can be found on the Baltimore Banner’s website.

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US bishops ban gender-affirming care at Catholic hospitals

Directive adopted during meeting in Baltimore.

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A 2024 Baltimore Pride participant carries a poster in support of gender-affirming health care. (Washington Blade photo by Michael Key)

The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.

Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.

The Washington Blade obtained a copy of it on Thursday.

“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”

“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.

The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.

The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.

Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.

“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.” 

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