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Attorneys general urge Supreme Court to strike down Prop 8

Brief comes ahead of expected introduction of Del. marriage bill

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Supreme Court, gay news, Washington Blade
Supreme Court, gay news, Washington Blade

13 state attorneys general on Thursday filed a brief with the U.S. Supreme Court in the case challenging California’s Proposition 8. (Washington Blade file photo by Michael Key)

Fourteen state attorneys general on Thursday filed a brief with the U.S. Supreme Court in support of marriage rights for same-sex couples.

ā€œEquality under the law is a founding principle of America, but we will not all be equal until everyone has the freedom to choose whom to love and whom to spend their lives with,ā€ Delaware Attorney General Beau Biden said during a news conference in Wilmington. ā€œIt is unconstitutional to deny same-sex couples the freedom to marry.ā€

The brief onto which Connecticut Attorney General George Jepsen, D.C. Attorney General Irvin Nathan, Illinois Attorney General Lisa Madigan, Iowa Attorney General Tom Miller, Maine Attorney General Janet Mills, Massachusetts Attorney General Martha Coakley, New Hampshire Attorney General Michael Delaney, New Mexico Attorney General Gary King, New York Attorney General Eric Schneiderman, Oregon Attorney General Ellen Rosenblum, Vermont Attorney General William Sorrell and Washington Attorney General Robert Ferguson argues Californiaā€™s voter-approved Proposition 8 denies a variety of legal and social benefits afforded through marriage to same-sex couples and their children. It also highlights nine states and the nationā€™s capital allow gays and lesbians to marry.

California Attorney General Kamala Harris on Wednesday filed a separate brief with the U.S. Supreme court that urges the justices to strike down Prop 8.

ā€œOur experience in Massachusetts has unequivocally shown that ending the exclusion of same-sex couples from marriage has only strengthened the institution,ā€ Coakley said. ā€œWe urge the court to strike Proposition 8 down because it discriminates against gay and lesbian individuals and their families.ā€

The briefs come ahead of a likely debate on a bill in the Delaware Legislature that would allow gays and lesbians to marry.

An Illinois state House committee on Tuesday approved a same-sex marriage measure, while Minnesota legislators earlier on Thursday introduced a bill that would allow gays and lesbians to marry. Lawmakers in New Jersey and Rhode Island are expected to consider the issue in the coming days and weeks.

ā€œWe at Equality Delaware could not be any prouder of our attorney general, Beau Biden, for standing up for freedom and marriage equality for all Delaware families,ā€ Equality Delaware President Lisa Goodman, who spoke at Bidenā€™s news conference, told the Washington Blade.

The state attorneys general filed their brief with the court on the same day Baltimore Ravens linebacker Brendon Ayanbadejo and Chris Kluwe of the Minnesota Vikings again expressed their support for marriage rights for same-sex couples in their own brief that urged the justices to strike down Prop 8.

Equality Virginia, the Utah Pride Center, the Campaign for Southern Equality and other LGBT advocacy groups on Wednesday filed a brief that urges the justices to uphold lower court rulings that found both Prop 8 and DOMA unconstitutional. Former Republican National Committee Chair Ken Mehlman, House Minority Leader Nancy Pelosi (D-Calif.,) Florida Congresswoman Ileana Ros-Lehtinen, gay California Assembly Speaker John Perez and the U.S. Conference of Mayors are among those who have either filed briefs in support of marriage rights for same-sex couples or signed onto them.

Biden and other state attorneys general are expected to file a brief in the DOMA case on Fiday.

The U.S. Supreme Court will hear oral arguments in the two cases on March 26-27.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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