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Supreme Court considers taking marriage cases

‘We are better people than what these laws represent’

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mass wedding, same-sex marriage, gay marriage, Supreme Court, Proposition 8, Defense of Marriage Act, Prop 8, DOMA, gay news, LGBT, Washington Blade, marriage equality

(Washington Blade file photo by Michael Key)

The United States Supreme Court is scheduled to discuss seven petitions from five different states today urging the Court to decide the constitutionality of state laws excluding same-sex couples from marriage on a nationwide basis. The Supreme Court has complete discretion over whether or not to take a case. And no one knows if the Court will decide whether to take any of the cases at this time or defer its decision until a future conference this fall. Indeed, the Court will have a lot to cover at its first conference with 53 petitions in other cases on its schedule as well. However, we could learn possibly as early as Tuesday whether the Court will take up the issue of the freedom to marry nationwide this term, with a substantive, definitive decision likely in June 2015.

The momentum toward marriage equality in the courts has accelerated at breakneck speed in the just over a year since the Supreme Court’s landmark decision in United States v. Windsor invalidated Section 3 of the misnamed “Defense of Marriage Act,” a statute that prohibited the federal government from recognizing the marriages of same-sex couples validly performed in states with marriage equality. Since Windsor, 27 federal courts have found state bans to be unconstitutional, with only one lower federal court upholding such a ban. Significantly, all four federal appellate decisions, from which the seven petitions to the Supreme Court come, favor equality. Judges ruling for the freedom to marry include appointees of Presidents Carter, Reagan, G.H.W. Bush, Clinton, G.W. Bush and Obama. Federal District Judge Richard Young of Indiana described in his ruling the winning streak as a phenomenon “never” before “witnessed … throughout the federal court system ….” Similarly, 13 state courts have ruled in favor of marriage equality, with only one opposed.

The petitions before the Supreme Court arise out of federal appeals court decisions striking down five states’ marriage bans: Indiana (7th Circuit), Oklahoma (10th Circuit), Utah (10th Circuit), Virginia (4th Circuit), and Wisconsin (7th Circuit). All of the cases present the issue of whether or not a state may prohibit same-sex couples from marrying. However, the cases differ as well, and the justices likely will be considering these differences in determining which case or cases to take. Attorneys for same-sex couples in each of the cases have argued the particular circumstances of their individual cases make them desirable for review.

One difference in the cases is that the Oklahoma case raises only the issue of whether a state may ban same-sex couples from marrying under its state laws, while the other states’ cases also involve challenges to whether a state must recognize the marriages of same-sex couples validly married in other states. If the Supreme Court were to strike down state marriage bans nationwide, the Court would not need to decide if and when one state must recognize marriages performed in other states. Alternatively, if the Court declined to decide the issue nationwide or upheld state marriage bans, the issue of recognition of out of state marriages could be very important.

The various states’ laws at issue in the petitions also differ. For instance, Wisconsin permits same-sex couples to enter into domestic partnerships, affording them limited legal rights, while the other states with petitions before the Court do not. The wording of the marriage bans and the history of the political campaigns to pass them vary from state to state. Procedural histories of the cases differ as well. For instance, in Virginia, the Attorney General, representing the state defendant agrees that the ban is unconstitutional, and local county clerks are defending the state ban. In the other states, the state has uniformly defended the bans. The attorneys in each case differ, too, and include lawyers from groups who have been advocating for LGBT equality for decades, such as the National Center for Lesbian Rights, Lambda Legal, Gay and Lesbian Advocates and Defenders, and the ALCU.

The legal bases for striking down the bans also differ between the various federal appellate decisions before the Court. The appellate courts in the Oklahoma, Utah, and Virginia cases invalidated those state bans on the grounds that that they violated same-sex couples’ “fundamental right to marry,” while the appellate court in the Indiana and Wisconsin cases struck down those states’ bans on the grounds that laws that discriminate on the basis of sexual orientation are entitled to elevated scrutiny under the Constitution. Windsor held that DOMA violated the Constitution’s guarantees of both liberty and equality. Both issues, and very possibly whether the bans constitute unlawful sex discrimination, will doubtlessly be argued before the Court regardless of which case or cases it takes. However, the Justices may consider the logic or rationale of one or more of the appellate court decisions particularly useful for review.

Two additional federal appellate circuits will likely weigh in this fall as well. The Sixth Circuit heard cases arising out of marriage bans in Kentucky, Michigan, Ohio, and Tennessee in early August, and the Ninth Circuit heard cases from Idaho and Nevada in early September. From relevant circuit court precedent and the questions and comments the judges made at oral argument, most observers believe the Ninth Circuit will very likely rule in favor of equality, but the outcome of the Sixth Circuit cases is much harder to predict.

In remarks last week at the University of Minnesota, Justice Ruth Bader Ginsburg fueled speculation that the Court might wait to determine whether or not to take a case until the Sixth Circuit rules. She stated that there would be “no need for [the Supreme Court] to rush” if the Sixth Circuit ruled in favor of the freedom to marry, as all the other circuits who have addressed the issue since Windsor have. However, she said that a Sixth Circuit ruling against equality would create “some urgency” for the Court to step in. The Supreme Court often takes cases to resolve disputes among the circuits.

Further, the Supreme Court will take a case if four of the nine justices vote to hear it. The Supreme Court has stayed decisions in the Fourth, Seventh, and Tenth Circuits from taking effect until final resolution of the cases. If the Sixth and Ninth Circuits were also to rule in favor of equality, most observers believe it unlikely that the four justices who dissented in Windsor would simply let all the petitions be dismissed by voting to deny review — effectively permitting marriage equality in 20 additional states located in those circuits. But if the Supreme Court held the petitions until a circuit court ruled against the freedom to marry, many thousands of LGBT Americans could have to wait even longer for a decision. Regardless of how the Sixth Circuit rules, the issue of marriage equality is, in fact, “urgent,” for LGBT Americans, many of whom have been together for decades without legal recognition and protection.

Many of us would love to be a proverbial “fly on the wall” at the justices’ conference chamber, but we will of course have to wait until the Court makes public its decisions from the conference either later this week or on Oct. 6, the official beginning of the new term. Federal District Judge John E. Jones III, a George W. Bush appointee, wrote in his opinion, invalidating Pennsylvania’s marriage ban: “We are better people than what these laws represent, and it is time to discard them into the ash heap of history.” That time cannot come too soon.

John Lewis is legal and policy director for Marriage Equality USA.

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Team Rayceen’s hiatus is officially over

Reflecting on a dark year while looking forward to 2026

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(Washington Blade photo by Michael Key)

In 2026, many will analyze the last 12 years because Mayor Bowser’s administration will conclude at the end of her current third term. My focus on this time frame is that as of 2026, Team Rayceen Productions will have existed for a dozen years. We have been through six primary elections, five pivotal production faux pas, four personnel problems, three presidents, two presidential impeachments, and a pandemic — and we’re still here. 

Although our mantra is that we are For the People, TRP (Team Rayceen Productions) is essentially a one-man band. While Rayceen Pendarvis is a renowned emcee and revered community leader, and TRP has talented co-hosts and cherished volunteers, administratively and creatively, from invoices and graphics to selecting guests for interviews or performers for events, I run the show. This can be daunting, as it is for the numerous volunteers and staff members with many community groups and local LGBTQ organizations that take on multiple responsibilities while struggling with limited funding, resources, and institutional support. 

After my sense of disappointment (but not shock or surprise) at the results of the 2024 presidential election, I abandoned my dreams and plans for TRP under a Harris administration and activated Plan B: stepping back from my creative duties and letting the annual TRP winter hiatus continue indefinitely. I correctly predicted that events would be cancelled, funding would become unavailable, and that overall, 2025 would be bleak. 

Halting work on the Team Rayceen YouTube channel caused me to realize that this one aspect of my responsibilities was essentially an unpaid full-time job, especially during election years, due to our numerous candidate interviews. I was producer, director, editor, and booking agent; I did everything except interview guests on camera. Those five years of creating videos and live streams were exhausting. With that not happening, I had the unfamiliar experience of having free time in 2025. Within 10 months, I read more books than I had in the past 10 years. 

Throughout the year, I continued my duties not only as TRP administrator and archivist, I also remained Rayceen’s de facto manager, agent, publicist, and speechwriter. By summer, somewhat reluctantly, I had resumed some of my TRP creative duties when collaborations with Arena Stage were offered. In the autumn, TRP also returned for Art All Night Shaw and organized an LGBTQ town hall. 

Moving forward, I have decided to recalibrate my TRP roles. Our hiatus is officially over, and now we are prioritizing collaborations and supporting other organizations. I am calling it the Team Rayceen Agenda for Community Engagement, the acronym being T.R.A.C.E., our outline of priorities for the New Year. 

These are our current priorities within the LGBTQ community: 

• Increasing and improving communication and collaboration among LGBTQ organizations and groups, including those that are new and smaller 

• Honoring LGBTQ elders 

• Increasing and strengthening intergenerational bonds among LGBTQ people 

• Welcoming and engaging with local LGBTQ community members who are new to their identities, the geographic region, or adulthood 

• Creating databases for booking local LGBTQ performers, DJs, and photographers 

We hope to partner with an array of organizations for these agenda items: 

• Increasing voter registration, education, and participation 

• Informing voters about the candidates, as well as proposed legislation and ballot measures, including via community listening sessions and candidate debates, forums, and interviews 

• Creating events that are inclusive and foster LGBTQ allyship and finding ways to cultivate allyship, with an emphasis on trans people 

• Organizing efforts to unify various demographic groups, including Black and API communities, and creating opportunities to dialogue, socialize, and collaborate 

• Creating new local awards that honor and acknowledge elders, young people, performers, content creators, and event organizers 

My advocacy for Rayceen Pendarvis will also continue:

• More hosting and emcee bookings 

• Acting roles and cameo appearances in films, TV series, web series, commercials, and music videos 

• Music recording opportunities as a featured or backing vocalist 

 (If interested in anything listed above, please email us.)

I have hope that these things are achievable and that if we can bring the right people together, action could happen soon. I think people in the region are ready for change: not only is The National LGBTQ Task Force’s Creating Change Conference in D.C. this year, but the board of Capital Pride Alliance (CPA) has new leadership; capable people have become staff members at CPA, the Mayor’s Office of LGBTQ Affairs, and elsewhere; and qualified people are running for positions to lead or represent D.C. residents, in races that are open or competitive. 

For those reasons, I feel that perhaps D.C., including its LGBTQ community, is not going to be a kakistocracy, plutocracy, oligarchy, and/or gerontocracy. I am less certain about the federal government. We shall see how much beyond 12 years TRP lasts and how much beyond 250 years the USA lasts, if indeed, during this fascist regime, the latter currently exists in any meaningful way. 

I’ve been through nearly 12 years of Team Rayceen Productions. This includes organizing numerous special events, such as two Black History Month programs and two town hall discussions. We convened three online At-Large Councilmember Candidate Forums in 2020. We produced Rayceen’s Reading Room for D.C. Public Library for four consecutive years. We produced four variety shows for Artomatic. We have been involved with both Silver Pride and the defunct OutWrite LGBTQ Literary Festival for five years. We have assisted with District of Pride for six years. We produced seven Art All Night programs and partnered with Story District for seven years of the annual Out/Spoken event. We produced the final eight seasons of “The Ask Rayceen Show” (2012-2021) and 10 social mixers (Rayceen, Fix Me Up!). We created multiple live stream series and more than 900 YouTube videos. All without a big financier. C’est la vie. 

Most remarkably, I got through all of last year, and I’m still here.


Zar is the mononymous founder of Team Rayceen Productions, community advocate, consultant, songwriter, and lifelong resident of the Capital region.

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Support the Blade as mainstream media bend the knee for Trump

From CBS to Washington Post, MAGA taking over messaging

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We knew it would be bad. I’m referring, of course, to 2025 and the unthinkable return of Donald Trump to the White House. 

We just didn’t know how bad. The takeover of D.C. police. ICE raids and agents shooting defenseless citizens in the face. The cruel attacks on trans Americans. A compliant and complicit right-wing Supreme Court and GOP rubberstamping all the criminality and madness.

Much of that was outlined in Project 2025 and was predictable. But what has proven surprising is the speed with which major companies, powerful billionaires, and media conglomerates have hopped on board the authoritarian train and kissed Trump’s ring. Tech giants like Apple and Meta and media companies like CBS and the Washington Post have folded like cheap tents, caving to MAGA pressure and enabling Trump’s evil agenda.

The guardrails collapsed in 2025. Congress has ceded its role as a formerly co-equal branch of government. Once trusted media outlets have betrayed their audiences’ trust and morphed into propaganda arms of the White House. As a lifelong journalist, this is perhaps the most shocking and disappointing development of the past year.

The Washington Post, which adopted the ominous tagline of “Democracy Dies in Darkness,” killed its endorsement of Kamala Harris in the final days of the 2024 campaign. Same thing at the Los Angeles Times. More recently, CBS’s vaunted “60 Minutes” spiked a story critical of Trump’s immigration policies under the direction of new editor-in-chief Bari Weiss, a Trump toady and the antithesis of a journalist. 

Concurrently, media companies large and small are fighting to survive. Government grants have been rescinded and the Corporation for Public Broadcasting, responsible for funding NPR and PBS, announced plans to dissolve. The Pittsburgh Post-Gazette, a nearly century-old Pulitzer Prize-winning institution, announced this week it will close on May 3. The Washington Post has lost scores of talented journalists, including prominent LGBTQ voices like Jonathan Capehart. The Baltimore Sun was acquired by the same family that owns right-wing Sinclair Broadcasting, ending a nearly 190-year tradition of award-winning, independent journalism.

It is not a coincidence that Trump’s attacks on democracy, traditions, and norms are happening while the media industry collapses. News deserts are everywhere now. In 2024, 127 newspapers closed, leaving 55 million Americans with limited or no access to local news, according to a report by Medill.

There’s a reason the media are called the “Fourth Estate.” Journalism was considered so critical to the health of our democracy that the Founding Fathers spelled it out in the First Amendment. Democracy and our Constitution cannot survive without a free and robust press.

That’s why I felt compelled to write this appeal directly to our readers. For nearly 57 years, the Blade has told the stories of LGBTQ Washington, documenting all the triumphs and heartbreaks and writing the first draft of our own history. Today, we remain hard at work, including inside the White House. This week, we have a reporter on the ground in Colombia, covering the stories of queer Venezuelan migrants amid the crisis there; another reporter will be inside the Supreme Court for next week’s trans-related cases; on Sunday, we have a reporter on the red carpet at the Golden Globes ready to interview the stars of “Heated Rivalry.”

We do a lot with a little. As major companies pull back on their support of the LGBTQ community, including their advertising in the Blade, we turn to our readers. We have never charged a dime to read the Blade in print or online. Our work remains a free and trusted resource. As we navigate these challenges, we ask that you join us. If you have the resources, please consider making a donation or purchasing a membership. If not, please subscribe to our free email newsletter. To join, visit washingtonblade.com and click on “Fund LGBTQ Journalism” in the top right navigation. 

Our community is known for its resilience. At the Blade, we’ve weathered the AIDS epidemic, financial crises, and a global pandemic. We are committed to our mission and will never bend to a wannabe dictator the way so many mainstream media outlets have done. The queer press is still here and with your help we will survive these unprecedented attacks on democracy and emerge stronger than before. Thank you for reading the Blade and for considering making a donation to support our work.


Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

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Time has run out for the regime in Venezuela

American forces seized Nicolás Maduro, wife on Jan. 3

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Ousted Venezuelan President Nicolás Maduro in 2024. (Photo courtesy of Maduro's Instagram page)

Time has run out for the regime in Venezuela.

I am fully aware that we are living through complex and critical days, not only for my country but also for the entire region. However, the capture of Nicolás Maduro has renewed hope and strengthened my conviction that we must remain firm in our cause, with the certainty that the valid reward will be to see Venezuela free from those who continue to cling illegitimately to power.

In light of this new reality, I adopt a clear, direct, and unequivocal position:

I demand the immediate release of all political prisoners.

I demand that all persons arbitrarily detained for political reasons be returned to their families immediately, without delay or conditions.

According to Foro Penal, as of Jan. 5, 2026, there are 806 political prisoners in Venezuela, including 105 women, 175 military personnel, and one adolescent, and a total of 18,623 arbitrary arrests documented since 2014. The same report documents 17 people who have died while in State custody and 875 civilians prosecuted before military courts, clearly evidencing the use of the judicial and security apparatus as instruments of political persecution. In parallel, the humanitarian system estimates that 7.9 million people in Venezuela require urgent assistance, further aggravating the impact of repression on daily life.

Behind these figures are shattered lives, separated families, and destroyed life projects. Students, activists, human rights defenders, political leaders, and members of the armed forces remain imprisoned without judicial guarantees, without due process, and without justice.

Since the capture of Nicolás Maduro, repression has not ceased. On the contrary, more than ten journalists have been arbitrarily detained, while others have been harassed, imprisoned, or mistreated for carrying out their duty to inform. Today, journalism in Venezuela has become a heroic and high-risk act.

This situation is further aggravated by a new attack on fundamental freedoms: an illegitimate decree of “external state of emergency”, whose purpose is to legalize state terrorism, expand the scope of repression, and deepen the criminalization of dissent and freedom of expression.

The destruction of freedoms cannot and must not be normalized, either by society or by the international community.

I do not forget the atrocities committed against people deprived of their liberty: systematic violations of due process, torture, cruel, inhuman, and degrading treatment, denial of medical care, and prolonged isolation.

These practices have been widely documented and denounced and are currently under investigation by international justice mechanisms.

In this regard, the United Nations Independent International Fact-Finding Mission on Venezuela has repeatedly expressed grave concern over the persistence of serious human rights violations, including the use of torture, enforced isolation, and the responsibility of State security forces in systematic abuses, as reflected in its statements and reports issued on Jan. 3, 2026, and throughout 2025.

From my unwavering commitment to human rights, I issue a firm and urgent call to Venezuelan citizens and to all people in the free and democratic world to stand together in defense of human dignity.

All political prisoners must be released now.

All torture and detention centers must be closed.

I am convinced that there can be no genuine democratic transition without the immediate release of political prisoners, the submission to justice of those responsible for arbitrary detentions, and the establishment of accountability mechanisms, guarantees of non-repetition, and full reparation for victims and their families. This is the only viable path toward a proper transition to democracy in Venezuela.

Today, more than ever, I stand in solidarity, inside and outside Venezuela, with the victims and their families.

This is a moment of definition, not of silence or hesitation.

I assume, together with millions of Venezuelans, that we are co-responsible for our collective reality and for the new Venezuela that we are called to rebuild.

Dignity, freedom, and justice cannot wait.

Freedom for Venezuela.

Juan Carlos Viloria Doria is president of the Global Alliance for Human Rights and vice president of Venezolanos en Barranquilla, an NGO based in Barranquilla, Colombia.

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