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How will Supreme Court rule on marriage?

Parsing statements, records for hints as to how justices will decide DOMA, Prop 8 cases

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Supreme Court, Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, John Roberts, Samuel Alito, Anthony Kennedy, Elena Kagan, Ruth Bader Ginsburg
Supreme Court, Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, John Roberts, Samuel Alito, Anthony Kennedy, Elena Kagan, Ruth Bader Ginsburg

Justices on the U.S. Supreme Court are expected to issue rulings on the Prop 8 and DOMA cases in June. (Photo public domain)

The nine members of the U.S. Supreme Court are expected to reach a decision by the end of June in two high-profile LGBT rights cases on which they heard oral arguments last week challenging California’s Proposition 8 and the federal Defense of Marriage Act.

The justices could reach any number of decisions on either or both of the cases — upholding the anti-gay measures, dismissing the cases for lack of standing or jurisdiction, striking down Prop 8 and DOMA on grounds they violate the rights of same-sex couples under the U.S. Constitution — or even issuing a national ruling in favor of marriage equality.

Predicting how they might rule is tricky. But several of the justices made statements and asked questions during the oral arguments that offered some hints. Perhaps more significantly, many of them have a record of ruling in gay rights cases that might indicate their leanings on marriage. The Washington Blade has compiled profiles of the justices to assess how they might rule in the two marriage cases before them.

In addition to examining their comments during the arguments, the Blade has looked at how they ruled in other high-profile gay rights cases. One is the 1996 case of Romer v. Evans in which the Supreme Court struck down Colorado’s Amendment 2, which would have prohibited municipalities from passing non-discrimination ordinances protecting LGBT people. Another is the 2003 case of Lawrence v. Texas in which the Supreme Court struck down state sodomy laws.

The Blade also looked at the court ruling in the 2010 case of Christian Legal Society v. Martinez. In that case, the court upheld the Hastings College of Law’s non-discrimination policy against a challenge from Hastings Christian Fellowship, which sought to overturn the policy to maintain its status as an official school group while prohibiting LGBT people from holding positions as officers.

John Roberts, Supreme Court, gay news, Washington Blade

Chief Justice John Roberts (Photo public domain)

1. Chief Justice John Roberts

The chief justice of the Supreme Court seemed skeptical during oral arguments that Prop 8 and DOMA should be struck down as unconstitutional. He also seemed dismissive of the notion that LGBT people lack political power.

In an exchange with attorney Robbie Kaplan, Chief Justice John Roberts disputed that gay people lack political power — a characteristic that the court has considered in weighing whether a group should be considered a suspect class.

“As far as I can tell, political figures are falling over themselves to endorse your side of the case,” Roberts said.

The chief justice was likely referring to the trend of U.S. senators announcing their support for marriage equality, which just this week added Sens. Bob Casey (D-Pa.), Tom Carper (D-Del.) and Mark Kirk (R-Ill.). When Kaplan pointed out that no group has been subject to referenda in recent years like gay people, Roberts seemed unmoved.

“You just referred to a sea change in people’s understandings and values from 1996, when DOMA was enacted, and I’m just trying to see where that comes from, if not from the political effectiveness of groups on your side,” Roberts said.

Roberts, who was appointed by President George W. Bush, hasn’t ruled on many gay rights cases during his time on the bench. Still, Roberts ruled as part of the dissent that deemed exclusion of LGBT students was acceptable in the Christian Legal Society case.

On the other hand, Roberts in 1996 helped gay rights activists as part of his law firm’s pro bono work in preparation for the Romer case. He also has a lesbian cousin, Jean Podrasky, who attended arguments on Prop 8.

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, pointed to another comment Roberts made indicating a parent forcing a child to make friends with another child changes the definition of friendship.

“It suggested that he might be less open to recognizing marriage rights for same-sex couples than the Olson-Boies team had anticipated,” Goldberg said.

Antonin Scalia, Supreme Court, gay news, Washington Blade

Associate Justice Antonin Scalia (Photo public domain)

2. Associate Justice Antonin Scalia

Associate Justice Antonin Scalia, viewed by many as the most anti-gay of the justices, mused that being raised by gay parents may not be good for a child — an argument made by many anti-gay groups.

“If you redefine marriage to include same-sex couples, you must permit adoption by same-sex couples, and there’s considerable disagreement among sociologists as to what the consequences of raising a child in a single-sex family, whether that is harmful to the child or not,” Scalia said. “Some states do not permit adoption by same-sex couples for that reason.”

Those words are consistent with anti-gay views that Scalia has expressed in the past. Most notably, speaking at Princeton in December, Scalia compared bans on sodomy to laws against murder, saying, “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”

Since his confirmation to the court, Scalia has not only made anti-gay rulings, but has taken the lead on the opinions. The Reagan-appointed justice wrote the dissenting opinions in the Romer and Lawrence cases and joined with other dissenting justices in ruling for LGBT exclusion in the Christian Legal Society case.

Doug NeJaime, who’s gay and a professor at Loyola Law School, said Scalia is likely to rule to uphold Prop 8 and the Defense of Marriage Act.

“Justice Scalia has made clear in earlier opinions … that legislation can be justified merely by moral disapproval of homosexuality, even though a majority of the court has rejected that position,” NeJaime said. “Moreover, under his theory of constitutional interpretation, he does not believe that lesbians and gay men have a constitutional basis for their claims in these cases.”

Anthony Kennedy, Supreme Court, gay news, Washington Blade

Associate Justice Anthony Kennedy (Photo public domain)

3. Associate Justice Anthony Kennedy

The justice who’s being most closely watched because of his reputation for being a swing vote — and his previous rulings in favor of gay rights — conveyed mixed sentiments during the arguments.

Associate Justice Anthony Kennedy contemplated the effect that overturning or sustaining Prop 8 would have on children based on the newness of same-sex marriage.

“We have five years of information to weigh against 2,000 years of history or more,” Kennedy said. “On the other hand, there is … what could be a legal injury, and that’s the voice of these children. There are some 40,000 children in California … that live with same-sex parents, and they want their parents to have full recognition and full status.”

A Reagan appointee, Kennedy authored the majority opinions in the Romer and Lawrence cases that struck down anti-gay measures in those lawsuits. In the Christian Legal Society case, Kennedy also ruled in favor of requiring student groups to be open to all students regardless of LGBT status.

That’s what makes Kennedy’s comment questioning the Ninth Circuit ruling against Prop 8, which was largely based on his opinion in Romer, particularly noteworthy.

“The rationale of the Ninth Circuit was much more narrow,” Kennedy said. “It basically said that California, which has been more generous, more open to protecting same-sex couples than almost any state in the union, just didn’t go far enough, and it’s being penalized for not going far enough. That’s a very odd rationale on which to sustain this opinion.”

Nan Hunter, a lesbian law professor at Georgetown University, said the “single most powerful vibe” she received from Kennedy during arguments was his ambivalence.

“My best guess is that in the Perry case, he will rule in some way that avoids discussion of Prop 8’s constitutionality and that in the Windsor case, he will conclude that DOMA is unconstitutional, but his opinion may invoke federalism as much as it does the Equal Protection Clause,” Hunter said.

Clarence Thomas, Supreme Court, gay news, Washington Blade

Associate Justice Clarence Thomas (Photo public domain)

4. Associate Justice Clarence Thomas

In accordance with his custom, Associate Justice Clarence Thomas remained silent for the duration of oral arguments in the marriage cases.

Thomas is known for not asking questions. In January, after seven years of silence, the George H.W. Bush-appointed justice made news when he broke his tradition and cracked a joke about the competency of an attorney during a case unrelated to marriage.

But Thomas has a history of taking the anti-gay side. He ruled in the dissent in the Romer and Lawrence cases and ruled for LGBT exclusion in the Christian Legal Society case.

Chris Stoll, a senior staff attorney for the National Center for Lesbian Rights, said oral arguments don’t offer any information on how Thomas might rule, but noted the justice’s history of anti-gay opinions.

“He is quite conservative and historically has voted with the other conservative justices in cases involving LGBT equality,” Stoll said.

5. Associate Justice Ruth Bader Ginsburg

Ruth Bader Ginsburg, Supreme Court, gay news, Washington Blade

Associate Justice Ruth Bader Ginsburg (Photo public domain)

One justice who has a history of ruling in favor of gay rights indicated a disdain for DOMA during oral arguments.

Associate Justice Ruth Bader Ginsburg said the 1996 law creates two different kinds of unions for same-sex and opposite-sex couples: “the full marriage, and then this sort of skim milk marriage.”

While questioning attorney Paul Clement, Ginsburg more distinctly articulated the problems for gay couples under DOMA by enumerating benefits denied to them under the law.

“The problem is if we are totally for the states’ decision that there is a marriage between two people, for the federal government then to come in to say no joint return, no marital deduction, no Social Security benefits; your spouse is very sick but you can’t get leave; people — if that set of attributes, one might well ask, what kind of marriage is this?” Ginsburg said.

Ginsburg also has a history suggesting she’d be willing to rule against Prop 8 and DOMA. The Clinton-appointed justice ruled in favor of LGBT advocates in the Romer, Lawrence and Christian Legal Society cases. Prior to her confirmation as a Supreme Court justice, Ginsburg was a women’s rights advocate and co-founder of the women’s rights project at the American Civil Liberties Union.

David Gans, civil rights director for the progressive Constitutional Accountability Center, said he considers Ginsburg a likely vote to strike down DOMA and Prop 8 based on her history of rulings and comments made in court.

“I think her comments tended to be across the board very skeptical of the justifications offered, and, of course, her record, both as an advocate and justice is to honor the constitutional guarantee of equal protection applies to all persons,” Gans said.

Stephen Breyer, Supreme Court, gay news, Washington Blade

Associate Justice Stephen Breyer (Photo public domain)

6. Associate Justice Stephen Breyer

The other Clinton appointee on the bench also made comments during the Prop 8 arguments suggesting he might rule in favor of marriage rights for gay couples.

Associate Justice Stephen Breyer was dismissive of Cooper’s assertion that marriage is for procreation, observing California allows straight couples who cannot have children to marry.

“What precisely is the way in which allowing gay couples to marry would interfere with the vision of marriage as procreation of children that allowing sterile couples of different sexes to marry would not?” Breyer said. “I mean, there are lots of people who get married who can’t have children.”

And Breyer’s earlier rulings suggest he would be amenable to striking down Prop 8 and DOMA. Breyer joined Kennedy and other justices in the pro-gay rulings for Romer and Lawrence and sided with LGBT inclusion in the Christian Legal Society Case.

Gans said Breyer’s comments during the Prop 8 arguments indicate his rulings on the anti-gay measures will likely be consistent with his earlier decisions.

“Justice Breyer’s questions during oral argument suggested that he would find that discriminatory marriage laws violate the constitutional guarantee of equal protection for all persons,” Gans said.

Samuel Alito, Supreme Court, gay news, Washington Blade

Associate Justice Samuel Alito (Photo public domain)

7. Associate Justice Samuel Alito

Associate Justice Samuel Alito expressed concerns about same-sex marriage, quipping that it’s “newer than cell phones or the Internet.”

“Same-sex marriage is very new,” Alito said. “I think it was first adopted in the Netherlands in 2000. So there isn’t a lot of data about its effect. And it may turn out to be a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe.”

An appointee of President George W. Bush, Alito hasn’t been on the court long enough to have ruled in the earlier landmark Lawrence and Romer cases. But he wrote the dissenting opinion in favor of LGBT exclusion in the Christian Legal Society case.

Lavi Soloway, a gay immigration attorney and co-founder of The DOMA Project, said he expects Alito to be consistent and issue an anti-gay decision in the cases before him — taking note of the exchange in the Prop 8 case.

“This line of thinking was disappointing; it not only belittled the fight for equality, but suggested that Justice Alito would first need to be convinced of the ‘effects’ of same-sex marriage before he could determine whether gay and lesbian Americans have a constitutionally protected right to marry,” Soloway said. “This exchange suggested to me that Alito will most likely vote to uphold Prop 8, preferring that legislatures continue to wrestle with this issue.”

Sonia Sotomayor, Supreme Court, gay news, Washington Blade

Associate Justice Sonia Sotomayor (Photo public domain)

8. Associate Justice Sonia Sotomayor

Another justice — this one appointed by President Obama — asked some of the most pointed questions about whether there’s any reason anti-gay laws could survive the court’s lowest standard of review.

Associate Justice Sonia Sotomayor pressed attorney Charles Cooper on whether he could conceive of anti-gay laws on other issues other than marriage that could survive rational basis review. The answer from Cooper was that he could not.

“If that is true, then why aren’t they a class?” Sotomayor responded. “If they’re a class that makes any other discrimination improper, irrational, then why aren’t we treating them as a class for this one thing?”

Sotomayor’s response suggests she might agree with the Obama administration that laws related to sexual orientation should be subjected to heightened scrutiny, or a greater assumption they’re unconstitutional.

A newcomer to the court, Sotomayor hasn’t had the opportunity to rule on many of the earlier LGBT rights cases that have come before the bench. But in the Christian Legal Society case, she joined four other justices in ruling student groups had to accept all students regardless of LGBT status.

Notably, Sotomayor was the only one among nine justices who responded to a letter from a North Carolina 6th grader named Cameron urging justices to rule in favor of marriage equality. The justice said she had no comment on the marriage cases, but urged Cameron to keep “dreaming big.”

NCLR’s Stoll pointed to Sotomayor’s exchange with Cooper as evidence she’d rule against Prop 8 and had similar expectations for how she’d rule on DOMA.

“She seemed perplexed and unpersuaded by Cooper’s argument that excluding gay people from marriage somehow promotes ‘responsible procreation’ by different-sex couples,” Stoll said.

Elena Kagan, Supreme Court, gay news, Washington Blade

Associate Justice Elena Kagan (Washington Blade photo by Michael Key)

9. Associate Justice Elena Kagan

Yet another justice appointed by President Obama seemed skeptical about arguments presented by proponents of Prop 8 and DOMA.

Associate Justice Elena Kagan suggested to attorney Paul Clement that Congress may have had another motive other than uniformity when it determined to pass the anti-gay law.

“This was a real difference in the uniformity that the federal government was pursuing,” Kagan said. “And it suggests that maybe something — maybe Congress had something different in mind than uniformity.”

Clement offered a lengthy response in which he talked about federal bans on polygamy and laws after the Civil War allowing freed slaves to marry. But Kagan responded by reading from the House report on DOMA, which states the law was passed “to reflect an honor of collective moral judgment and to express moral disapproval of homosexuality” — deemed a “gotcha” moment that elicited laughter from those in the courtroom.

During the Prop 8 arguments, Kagan was also skeptical of Cooper’s argument that the purpose of marriage is procreation and asked for a legitimate reason for excluding same-sex couples from marriage.

“Is there any reason that you have for excluding them?” Kagan said. “In other words, you’re saying, well, if we allow same-sex couples to marry, it doesn’t serve the state’s interest. But do you go further and say that it harms any state interest?”

Like Sotomayor, Kagan is a relative newcomer to the court and hasn’t had the opportunity to rule on gay cases. During her confirmation hearing, Kagan wouldn’t say whether the she thinks the U.S. Constitution guarantees same-sex couples the right to marry.

Still, Loyola’s NeJaime said Kagan seemed bothered during oral arguments by equal protections concerns presented by Prop 8 and DOMA.

“Given her lengthy questions about the relationship between age and procreative ability, she seems unconvinced by the ‘responsible procreation’ rationale for same-sex marriage bans,” NeJaime said. “And given her reading of the House report on DOMA regarding the ‘moral disapproval of homosexuality,’ she is suggesting that the law may not survive rational basis review.”

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U.S. Supreme Court

Colo. activists condemn SCOTUS conversion therapy ruling

8-1 decision could have sweeping implications

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Activists protest in front of the U.S. Supreme Court on Oct. 7, 2025. The justices on that day heard oral arguments in Chiles v. Salazar. (Washington Blade photo by Michael Key)

The Supreme Court ruled in Chiles v. Salazar that a Colorado law banning conversion therapy is unconstitutional, striking down the state’s 2019 statute and potentially impacting similar laws across the country. Religious advocates have hailed Tuesday’s decision as a victory for the First Amendment and evangelical Christians, while LGBTQ activists warn it could lead to increased harm for LGBTQ youth.

The conservative majority, joined by two progressive members of the court, sided 8–1 with Kaley Chiles on March 31 in what some critics are calling a landmark ruling for religious zealots, placing the teachings of the Bible above established medical consensus. Chiles, a Christian therapist who practices what she describes as “faith-based talk therapy for children,” challenged Colorado’s House Bill 19-1129, a law prohibiting licensed professionals from engaging minors in efforts to change their sexual orientation or gender identity through conversion therapy. She successfully argued that she and her clients have a constitutional religious right to choose the type of therapy they seek, effectively nullifying the Colorado law banning conversion therapy.

When the court heard oral arguments in October 2025, early questions indicated that the justices were likely to rule against the state in a matter involving LGBTQ rights, making this the fourth major LGBTQ rights case to come from Colorado since 1996.

In 1996, the Supreme Court overruled state initiative Amendment 2 in Romer v. Evans, which tried, but ultimately failed to restrict rules on gay people’s protected status in Colorado. Then in 2018, SCOTUS presided over Masterpiece Cakeshop v. Colorado Civil Rights Commission, when a Lakewood baker refused to make a cake for a gay client, which the state argued violated it’s civil rights commission order, but the court sided with the baker, ruling the commission had violated his Christian beliefs. In 2023 the court ruled in 303 Creative LLC v. Elenis  that a Denver-based web designer is legally allowed to refuse to make wedding websites for same-sex couples, and successfully arguing she was constitutionally protected under the First Amendment.

Chiles, who practices in Colorado Springs, combines traditional psychological approaches — including cognitive, behavioral, psychodynamic, and humanistic therapies — with Christian beliefs. She argued that the law violated her First Amendment rights by restricting her ability to practice therapy aligned with her religious values, as well as limiting the rights of clients seeking that form of care.

Conversion therapy, widely discredited by major medical and psychological associations, is defined as practices that attempt to change a person’s sexual orientation or gender identity. Under Colorado law, providers found in violation could face fines up to $5,000, suspension, or loss of licensure.

Lower courts — including a district court and the 10th Circuit — previously upheld the law, finding it regulated professional conduct rather than speech and therefore required only minimal constitutional scrutiny. However, the Supreme Court, with three Trump-appointed justices, determined that the lower courts failed to apply “sufficiently rigorous First Amendment scrutiny,” raising concerns about violations of both the Establishment Clause and the Free Exercise Clause. The ruling sends the case back to a lower court for further review.

The decision reflects a broader trend in recent years, with the current court — often referred to as the Roberts Court — more frequently siding with religious liberty claims, particularly those involving Christian plaintiffs.

To better understand the implications of the ruling, the Washington Blade spoke with Colorado-based LGBTQ advocacy organization Rocky Mountain Equality, which has spent decades organizing, educating, and providing services across the state.

Founded in 1994 as Boulder Pride, the organization has since expanded into a statewide force addressing LGBTQ issues, including healthcare, housing, and youth services. Now operating as Rocky Mountain Equality, the group saw a 62 percent increase in 2024 operating revenue, growing to more than $3.765 million while running the Equality Center of the Rocky Mountains in Boulder.

Mardi Moore, the chief executive officer of Rocky Mountain Equality, sat down with the Blade to discuss the ruling and its impact on the broader LGBTQ community, calling it both expected and deeply concerning.

“When the ruling came out today, I think we all knew it wasn’t going to be a winning battle after hearing arguments, but the 8-1 decision made me sad, and honestly, it’s turning into anger,” Moore told the Blade on Tuesday morning. “This is a really sad day — not just for LGBTQ kids, but for all kids in Colorado.”

Moore explained that the law passed with support from Colorado lawmakers and felt like progress toward making the state safer for LGBTQ residents.

While oral arguments were being heard in October, the Blade spoke to a group of conversion therapy survivors who came to the nation’s capital to protest the ban’s removal and support one another. Their stories detailed the emotional and physical toll of conversion therapy.

“We all know the horror stories, and we know conversion therapy is pseudoscience,” she continued. “About a decade ago, Colorado passed a bill — under the leadership of then-Rep. Daniel Ramos — that banned conversion therapy with religious exceptions, which was a huge step forward.”

That step forward now feels like a step back, Moore suggested. While the ruling currently applies to Colorado, she warned it could embolden similar legal challenges nationwide.

“In our initial reading, this ruling only impacts Colorado and isn’t a broader issue for other states. But that doesn’t mean people who oppose LGBTQ rights won’t start fighting state by state,” Moore said. She pointed to the state’s history, including the fight against Amendment 2. “Here in Colorado, we’re used to these battles — we fought Amendment 2, and we’re still fighting now. There are two ballot measures this November: one targeting gender-affirming care for minors, and another banning trans youth from sports at all levels.”

These ballot measures, Moore explained, represent another attempt to restrict trans youth. One would limit gender-affirming surgeries for minors — procedures that research shows are extremely rare — while another would restrict sports participation based on sex assigned at birth.

“These efforts are trying to wipe trans kids off the map. This ruling is sickening — the religious right is still very active, and people who think voting doesn’t matter need to understand that presidents shape Supreme Courts.”

Moore emphasized that while national advocacy is critical, the fight increasingly comes down to local organizing and direct support.

“Here at Rocky Mountain Equality, we advocate for the community, train providers, and support people who have gone through conversion therapy. We have a strong youth program and will continue supporting young people in every way we can.”

“Colorado may seem progressive, but it’s still a purple state,” she added. “Messaging that works in Denver doesn’t always reach families who might send their kids to conversion therapy.”

The timing of the ruling — released on Trans Day of Visibility — also drew criticism.

“Releasing this decision on Trans Day of Visibility feels calculated. It takes a day meant for joy and turns it into another setback,” Moore said.

When asked about next steps, Moore pointed to state-apponited officials who support LGBTQ rights are likely reviewing options.

“I don’t have specifics yet on organized legal responses, but our attorney general, Phil Weiser, argued this case,” she said. “I imagine his office is reviewing every possible option right now.”

Despite the opinion dropping so recently, the emotional toll is already being felt.

“I texted a colleague this morning who went through conversion therapy — it was a sad emoji kind of day,” she said, also referencing a similiar feeling to the one she has now the case of Alana Chen, a University of Colorado Boulder student who died by suicide after experiencing conversion therapy.

“Her story devastated so many, including her mother,” she shared, adding that despite her death “is still advocating for young people” in the battle over conversion therapy — one that feels like it is getting worse with each ruling, with no end in sight.

“I think the real battle started this morning at kitchen tables. There are parents telling their kids, ‘I told you being queer was wrong — the Supreme Court says so,’” Moore said. “Those are the conversations we don’t hear, but they’re happening.”

Rocky Mountain Equality says it will continue focusing on direct support, specifically in rural communities which will face a particularly difficult time as LGBTQ rights become restricted.

“When people reach out to us from rural communities, we help connect them with affirming providers — locally if possible, or in places like Boulder County. We also help with financial support so they can access care. This work is about meeting people where they are,” she explained. “We’re working with organizations across the state, including in more conservative areas like Mesa County. The environments are very different, but we collaborate to share resources and support each other. Leading an organization right now is incredibly tough work.”

The organization is also mobilizing politically ahead of the ballot measures, using the anger from this case as fuel for the long hual to getting LGBTQ rights protected.

“Just last night, we had over 100 people at a kickoff event in Boulder for our campaign to defeat these ballot measures. People signed up to volunteer, donate, and write letters. We’re going to fight to make sure Colorado doesn’t become a ‘hate state’ again,” she said. 

Moore also explained that as Colorado has become a leading destination for affirming healthcare and LGBTQ rights, people from more conservative neighboring states are seeking care there. She added that if the Centennial State can provide access to specialized care that has been politicized elsewhere, it should work to protect those services.

“People are coming to Colorado from surrounding states for gender-affirming care, abortion access, and support. We’re not going to let a small group of hateful voices take that away.”

She called on allies to take action, regardless of how small or meaningless it might seem at first.

“People can help by having conversations in their own communities about the value of every person. They can connect others with resources and support systems,” she said. “And for Colorado specifically, they can donate, share our work, and stand in solidarity.”

Moore drew parallels from past crises the LGBTQ community has had faced, yet many of the LGBTQ people she faught with in the seemingly impossible times of the past are still here and still fighting, emphasizing the community’s resilience..

“I was telling my staff — I’m an old dyke, and I remember the fight during the AIDS crisis. We were trying to make sure people were fed, cared for, and treated, all while our rights were under attack. We lost many lives, but we made it through — and we will again,” she recalled.

“They think if they attack us from every direction, they can erase us, but they’ve only made us stronger. We will continue supporting LGBTQ youth and all children who deserve protection from unregulated, harmful practices like conversion therapy.”

Other LGBTQ advocates also spoke out about the ruling’s impact.

Carl Charles, a member of the Elayne Cassidy Nicholas Memorial Counsel for Trans and Nonbinary Rights at Lambda Legal, issued a statement following the court’s ruling, while touching on and his personal experience with conversion therapy.

“I know firsthand the long-lasting harms of conversion therapy, having been subjected to it when I was 15 years old. This practice did not change my sexual orientation or gender identity. Instead, it destroyed important relationships and created shame and fear that took time and effort to undo. For many survivors, it is a reverberating life-long harm,” he said as he shared his story to the world via a friend-of-the-court brief with the Conversion Therapy Survivor Network, detailing the harms of conversion therapy they experienced.

“I am fortunate to have been able to transcend the trauma of that experience, to celebrate my identity as a transgender man, and to nurture a loving relationship with my husband. But so many young people do not have the familial or community support to withstand the impact of this unethical practice. LGBTQ+ youth do not need to be changed. Rather, like all youth, they need to be supported and celebrated for the unique and important people they are becoming.”

Human Rights Campaign President Kelley Robinson issued a statement following announcement of the court’s verdict, condemning the homophobic ruling as thinly veiled intolerance as masquerading a religious right fight. Before the case was heard, the HRC submitted amicus brief detailing how the legislation in question was not religous in nature, but is regulatory speech restriction that helping LGBTQ Americans.

“The court has weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children,” her statement reads. “So-called ‘conversion therapy’ is pseudoscience, not real therapy. It has been condemned by every mainstream medical and mental health association and harms families, traumatizes children, and robs people of their faith communities. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better.”

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U.S. Supreme Court

Supreme Court rules against Colo. law banning conversion therapy for minors

8-1 decision could have sweeping impact

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

The U.S. Supreme Court on Tuesday ruled against a Colorado law that bans so-called conversion therapy for minors.

The justices last October heard oral arguments in Chiles v. Salazar. Today they ruled 8-1 in favor of Kaley Chiles, a Christian therapist who challenged the 2019 law.

In the case, which was heard by the justices in October 2025, Chiles successfully argued to the court that the law restricting this type of therapy was unconstitutional, leading to it being struck down.

The Supreme Court ultimately found that lower state and federal courts has “erred by failing to apply sufficiently rigorous First Amendment scrutiny,” ultimately reversing the widely discredited “medical” treatment that has support by a very narrow margin of mental health specialists — specifically religious and socially conservative ones. This is despite the fact that Colorado state officials have never enforced the measure in practice, and included a religious exemption for people “engaged in the practice of religious ministry.” The now moot law carried fines of up to $5,000 for each violation and possible suspension or revocation of a counselor’s license.

In the ruling, the court said the law, that specifically applies to talk therapy “impermissibly” interferes with free speech rights of Americans, and despite it being “regard[ed] its policy as essential to public health and safety, but the First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Justice Neil Gorsuch wrote for himself and seven other justices from across the ideological spectrum who overturned the low court’s ruling. He went on to add that the original ban “trains directly on the content of her speech and permits her to express some viewpoints but not others,” sending it back down to a lower court.

Only Justice Ketanji Brown Jackson dissented, which included an in depth summary of her departure from the other eight justices, explaining her fears about the verdict — and its eventual chilling effect on legislation that could attempts to restrict regulatory speech for religious attitudes— despite that these regulations are often made as a direct creation of years of essentially unanimous research, and are vetted though regulatory boards for specific jobs.

“This decision might make speech-only therapies and other medical treatments involving practitioner speech effectively unregulatable,” Jackson wrote on page 32 of the 35-page opinion issued by court in response to her opposing eight members comments on the bench.

Since the ruling late Tuesday morning, a slew of LGBTQ advocacy groups, as well as groups promoting LGBTQ discrimination, have issued statements on the direct impact this will have across the country for LGBTQ people.

Democratic Senator, running for reelection in Colorado, John Hickenlooper issued a condemnation of the practice on his X account. “Conversion therapy is cruel and inhumane, plain and simple. This SCOTUS decision is dangerous for LGBTQ+ Americans,” Our LGBTQ+ community deserves safety, acceptance, and love. We won’t ever let up in our fight for a better nation.”

Conversion therapy is cruel and inhumane, plain and simple. This SCOTUS decision is dangerous for LGBTQ+ Americans.,” the former governor said on the platform. “Our LGBTQ+ community deserves safety, acceptance, and love. We won’t ever let up in our fight for a better nation.”

Polly Crozier, director of family advocacy at GLBTQ Legal Advocates & Defenders (GLAD Law), provided a statement to the Washington Blade on the court’s decision.

“Today’s Supreme Court ruling limited Colorado’s statute that preemptively shielded minors from conversion therapy, but it leaves open avenues for states to protect families from harmful, unscrupulous, and misleading practices that divide parents from their children and put LGBTQ+ youth at risk,” Crozier wrote, pointing to the overwhelming evidence on conversion therapy that argues this type of regulatory legislation is helping those suffering rather than harming. “The evidence is clear that conversion practices lead to increased anxiety, depression, and suicidality. This is a dangerous practice that has been condemned by every major medical association in the country. Today’s decision does not change the science, and it does not change the fact that conversion therapists who harm patients will still face legal consequences, and that family advocates, mental health practitioners, and all of us who care about the wellbeing of youth will continue working to shield LGBTQ+ young people and their families from this dangerous practice.”

Human Rights Campaign President Kelley Robinson, who leads the nation’s largest LGBTQ advocacy group, also provided a statement, calling the courts choice a “reckless decision.”  The statement also points out how their own data (from the group’s philanthropic arm of the organization) was cited in Brown Jackson’s dissent in the amicus brief.

“The court has weaponized free-speech in order to prioritize anti-LGBTQ+ bias over the safety, health and wellbeing of children,” her statement reads. “So-called ‘conversion therapy’ is pseudoscience, not real therapy. It has been condemned by every mainstream medical and mental health association and harms families, traumatizes children, and robs people of their faith communities. It is cruel and should never be offered under the guise of legitimate mental healthcare. To undermine protections that keep kids and families safe from these abusive practices is shocking — and our children deserve better.”

Liberty Counsel, a nonprofit, tax-exempt Christian ministry that uses litigation to promote evangelical Christian values and limit LGBTQ protections, which was designated as a hate group by the Southern Poverty Law Center, was also cited in the court’s amicus brief, but in support of overturning the law.

“The U.S. Supreme Court’s resounding decision in Chiles v. Salazar is a major victory for the integrity of the counseling profession,” Mat Staver, founder and chairman of Liberty Council said today. “This ruling ensures the government cannot strip the First Amendment away from licensed counselors and dictate a state-mandated ideology between counselor and client. Talk therapy is speech, and the government has no authority to restrict that speech to just one viewpoint. Counseling bans can now be struck down nationwide so that people can get the counseling they need.”

GLAAD, one of the nation’s oldest non-profit organizations focused on LGBTQ advocacy and cultural change issued a statement pon the verdict, emphasizing what multiple advocate groups have said — this decision will impact an already vulnerable youth population at an elevated high risk.

“The court once again prioritized malice over best practice medicine,” Sarah Kate Ellis, president and CEO of GLAAD said in a statement. “In the face of this harmful decision, we need to amplify the voices of survivors of this dangerous and disproven practice, and continue to hold anyone who peddles in this junk science liable.”

Truth Wins Out, an organization that works towards “advancing liberty and democracy through protecting the rights of LGBTQ people and other minorities” called out the court’s majority opinion for its potential for religious extremism and spread of disinformation.

“This ruling is a profound failure of both logic and moral responsibility that confuses ‘free speech’ with ‘false speech’,” Wayne Besen, the executive director of Truth Wins Out said in a comment. ” It opens the door for quackery to flourish and allows practitioners of a thoroughly debunked practice to continue harming LGBTQ youth under a thin veneer of legitimacy

Adrian Shanker, the former Deputy Assistant Secretary for Health Policy at Health and Human Services under President Joe Biden who also led LGBTQ policy at the agency spoke about the detrimental impact this will have on rules and regulations within the healthcare field that are supposed to be inherently secular by nature.

“No matter what the Supreme Court decided today, it is irrefutable that conversion therapy is harmful to the health and wellbeing of LGBTQI+ youth,” Shanker told the Blade, continuing the Trump-Vance administration’s choice to no longer formally support LGBTQ inclusive policy. “That’s why in the Biden administration we advanced policies to safeguard youth from this harmful practice.”

In an consistently updated document started in 2018 that cites the major harms risks conversion therapy poses to LGBTQ people, the Trevor Project, the leading suicide prevention and crisis intervention organization for LGBTQ young people, included that the federal government’s own research proved the practice at best questionable and at worst deadly.

In a 2023 report entitled Moving Beyond Change Efforts: Evidence and Action to Support and Affirm LGBTQI+ Youth, the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration stressed that “[sexual orientation and gender identity] change efforts are harmful practices that are never appropriate with LGBTQI+
youth, and efforts are needed to end these practices,” the summary of the fight against conversion therapy in the U.S. reads.

More than 20 states and D.C. banned the widely discredited practice for minors prior to the Supreme Court’s ruling.

The Blade last October spoke to conversion therapy survivors after the justices heard oral arguments in the Chiles case.

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The White House

Thousands attend ‘No Kings’ protests in D.C.

Protesters demand accountability, defend democracy, and oppose Trump administration

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(Washington Blade photo by Joe Reberkenny)

Across all 50 states — and D.C. — more than 8 million people came out nationwide from towns big and small, red and blue, to make their voices heard. That united voice echoed what nearly 20,000 protesters declared in the nation’s capital back in October 2025: the citizens of the U.S. would not sit idly by as President Donald Trump and his administration erode democracy, attempt to restrict human rights, loosens First Amendment protections, and begin wars without congressional approval.

While there were countless differences among the thousands who joined the “No Kings” protests this weekend in the DMV — from creeds and socioeconomic statuses to races, sexualities, and gender identities — there was one thing that united them all during the chilly March 28 weather: a commitment to making their voices heard.

By 10 a.m., the Washington Blade estimated around 200 people had braved bitter winds and temperatures hovering around 40 degrees, with bright sun, to stand along the cherry blossom-adorned streets of Kalorama and Connecticut Avenue. Protesters carried signs large and small from criticizing Trump’s disregard for the “everyman” to handmade signs emphasizing love, calling for the melting of ICE, and addressing issue-specific concerns like ending the wars in Gaza and Iran — both policies propagated by Trump.

Protesters standing, chanting, and yelling about the growingly authoritarian regime taking over the federal government in front of cherry blossom tress in Kalorama. (Washington Blade photo by Joe Reberkenny)

While a solid group of D.C. residents came out with babies in strollers and dogs on leashes, the Kalorama protest skewed older with a majority-white crowd.

On the other side of town, the more heavily attended protest in Anacostia started at 1:30 p.m., crossing the Frederick Douglass Bridge.

MS Now estimates that over 20,000 people marched across the bridge, sending a clear message to the president, his administration, and the Republican-controlled federal government: federal overreach is not what the majority of Americans want to see, hear, or witness as protesters in the thousands came out for, as organizers say “the single largest non-violent day of action” in American history.

The two marches on Saturday differed in both theme and location — the Kalorama protest felt like a small-town demonstration in a big city, covering a wide variety of topics, whereas the Anacostia protest was more focused, directly calling out and pushing back against the actions of Stephen Miller (the White House chief of staff)and other Trump allies.

Many participants shared their reasons for marching with glee — shouting as cars honked in support passing by and discussing the broader issues within the current political climate with those standing next to them: some neighbors, some friends, others complete strangers. Regardless, an important discussion was happening across the city.

A surprise to many participants — and the Blade reporter covering the event — was seeing U.S. Rep. Sara Jacobs (D-Calif.) stand outside in near-freezing temperatures with her staff and some signs.

Jacobs used the exclusive — and more intimate — ability to speak on her experience watching everything unfold from inside the halls of Congress.

“We had votes until midnight last night, so I couldn’t make it back to San Diego for the march, but it’s important to show up and cheer on people standing up and making their voices heard,” Jacobs said. “This is just the start. We need to make our voices heard every day through the end of the year.”

Jacobs also used the opportunity to criticize congressional inaction from those on the other side of the aisle, reminding the Blade that a legislator’s job is to protect and secure the people they represent — not the interests of a wannabe king or corporations that back many congressional campaigns through PACs.

“It makes me angry at my Republican colleagues who won’t stand up to Trump. Actions like this inject courage into my colleagues — they need to see that the American people have their back,” she added, eventually emphasizing the public responsibility lawmakers have to protect the Constitution and everyone in the country (which the Supreme Court had pointed out as far back as 1886 with Yick Wo v. Hopkins). “Congress is not going to save people. This is about everyone showing up and making our voices heard and building the democracy we want.”

The second—and primary D.C. ‘No Kings’ protest in Anacostia on Saturday afternoon. (Washington Blade Photo by Michael Key)

Ashley Gould, a tourist visiting from Missouri, told the Blade that despite Washington being seen as one of the most politically active towns in the country, over the past few years, she and many other politically active Missourians have been preparing for this moment and were zealous to have their voices heard together as one.

“I’m actually visiting my sister from Missouri, and we’ve been doing this since the first No Kings protest [there]. I wanted to see how you guys did it here,” she said. “As someone in a red state, we’re not represented in Congress right now, so I don’t personally have a say in any of this. If I can do one small thing, I want kids in our town to see me trying to make a difference, get petitions signed. This is all we have.”

Gould continued, “I don’t know if it’s going to cause an impact for elected officials, but I hope that little kid who sees us with the posters sees that we do have a voice—and maybe one day they can, if they can’t right now.”

Gary Bowman, another early protest-goer, held a sign that pointed out the obscurity — and unconstitutional nature — of the current administration’s actions.

“I hate the direction the country is going in, and Donald Trump is not fit to be in office,” Bowman said, adding that his choice of sign exemplified that. “It’s obvious based on his policies — his attacks on the trans and LGBTQ communities — that he’s trying to suppress people. And the Republican Congress isn’t helping.”

When asked how the phrase “No Kings” resonates with him, especially since this is the third one held in two years, Bowman said it may be catchy for headlines or help inspire creative signs (like Trump on a golden throne or toilet), but the march and protest are about something much more important.

“‘No Kings’ is a catchphrase for me; I’m more concerned about losing our democracy. We, the people, have a voice we should use,” he said, elaborating on how this administration’s course of action disregards rules designed to prevent an authoritarian — or wannabe-authoritarian — from taking power. “I don’t think Trump is overstepping … I think he’s shattering democratic norms. He wants to do what’s right for Donald Trump, not for anyone else.”

He concluded bluntly that unless everyone — including Republicans in power — stand up to the president for these ludicrous choices, change won’t happen, regardless of how loud he or any other Trump critics scream at protests.

“Until we have a Congress that would actually look at protests and take action, it won’t matter. He’ll just get pissed off and act against them,” Bowman said. 

When asked what he could say to those in charge, he finished strongly: “If I could say one thing to him? Fuck off, Donald Trump.”

Jameson Woosley and Elena Lacayo were standing on the corner of Kalorama Road, holding their baby tight as pink cherry blossom trees swayed behind them, as if to cheer on the protesters.

“It’s the degradation of democracy. Every day there’s an overreach by the executive branch, and Congress just sits on their hands,” Woosley said, standing side by side with Lacayo.

“It’s terrifying for my baby. This administration has turned people who’ve done nothing wrong into criminals — it’s Orwellian. Up is down, war is peace,” Lacayo noted. “I was raised in another country with authoritarians… I’m a citizen here, and I’m going to use every right I have to advocate for those who can’t.”

Lacayo then spoke about how, for many, direct protests against government action (and inaction) are the only choice — especially under a supermajority federal government with the White House, Supreme Court, and both chambers of Congress.

“We have no choice but to believe change can come. This is what we can do. We must continue fighting; that’s what the human spirit is about,” she said.

Woosley emphasized the growing impact of the protests, saying, “Every protest gets bigger, and opinion polls keep swinging in the right direction … We need to speak up and get all the right people out to bring positive change.”

“These people are nothing without us,” Lacayo added.

Protesters at the corner of Connecticut Avenue and Kalorama Road on Saturday morning. (Washington Blade photo by Joe Reberkenny)

Beth Davis, a former resident of Kalorama, shared with the Blade that this place holds special meaning for her — and her children — which is in part why she chose this one over the larger protest in Anacostia.

“I used to live in the neighborhood, so this is special for me. It’s easy to bring the kids and let them be part of the movement,” Davis said, as her elementary-aged children ran around the manicured grass while bundled up, enjoying the lively atmosphere.

“What’s happening to immigrant communities is horrific, and I want to show solidarity. Also, the Iran war — it’s terrifying what’s happening,” she added before explaining what the “No Kings” name actually means to her. “’No Kings’ makes me think of the extreme grab for power — it’s unprecedented.”

Davis then noted the importance of protesting when it seems like the main goal is often to iisolate : “Coming to protests makes people feel like they’re not alone, and that momentum carries into elections,” she explained, noting why she not only brought her two children to this protest—and many others in the past as well– but uses these as real world teaching moments. “We bring kids to teach them their civic responsibilities. My oldest has been to about ten protests.”

Another remarkable aspect of D.C. protests is the diversity of participants. Teachers, retail workers, students, and even some congresspeople turned out. In Kalorama on Saturday, the No Kings protest brought out Anne Plant, a biochemist and fellow at the National Institute of Standards and Technology, where she was previously chief of the Biosystems and Biomaterials Division.

Plant focused on many issues when speaking to the Blade, but started with what many consider the most important: Trump-era policies making civic engagement more difficult, particularly regarding civil rights.

“A lot of things are going wrong, and the only way to change them is for people to act. D.C. has no statehood, no vote — it’s a civil rights issue,” Plant said. “To deny the vote to any group of U.S. citizens doesn’t make sense. These people work for us; we should be able to hold them accountable.”

She held a small, hand-painted sign with two cohesive messages: “Reject Fascism. Defend democracy.”

“Some of what’s going on now is not healthy for society. No one will benefit; it’s just ruination,” Plant concluded. “Seeing more people out here shows that others feel the same, and momentum is what it takes to move things.”

Religious activists also joined the marches. Sister Diane and Sister Claire, two Catholic nuns, were out protesting Trump and his agenda.

“We’re sisters, Catholics in support of LGBTQ rights. I work with immigrants, and we wanted to stand in solidarity,” Sister Diane said.

Sister Claire reflected on the era the U.S. is in now: “It’s so disturbing. I’m almost glad my folks aren’t alive anymore for all they cared about. It’s heartbreaking, but we need something for the future.”

John Jones, another attendee teeming with energy and anger against the regime, captured the urgency of the moment succinctly.

“We’ve got to do something. I needed to be part of the community and let them know we’re tired of all the madness,” Jones told the Blade before detailing specific atrocities by the Trump-Vance administration.

“Rounding up legal people who follow the rules — throwing them away just because he’s racist, or his friends tell him to be racist. Helping pay for a war, bombing Gaza, killing people for no reason, manipulating the stock market for personal gain. It’s crazy,” he said, still holding out hope that small acts — like the protest gathering — show everyday Americans they have power, advocating for even more people to come out for the next No Kings protest.

“I hope protests can spark change. I won’t hold my breath, but the more people out here, the more they [in power] seem to be listening.”

Patty Bowring, who had moved with her family from the United Kingdom to join her husband in D.C. for his career, is set to return soon due to immigration restrictions. She, her children, and her mother came out to protest because she believes it is just as important for non-citizens to have the right to both protest and exist in a country founded and enriched by immigrant and enslaved labor.

“Even though we’re British, we’re leaving America in two months because of the administration. But this affects everybody — it’s hugely dangerous and worrying,” Bowring said.

Despite the somber mood, she kept a smile and joked: “I hope it’s the death of dinosaurs and that nothing more radical comes next. I want them to be happy,” also pointing out that the mixed messages at the protest could dilute impact. “Protests need a clearer message. ‘Anti-fascist’ should be the focus; too many other messages muddy things.”

Finally, John Norrin highlighted the continuity of civic engagement, informing the Blade that this protest — albeit a smaller version — happens every week on the corner.

“I’m here with friends, looking for more,” Norrin said. “There’s a regular protest every Thursday morning, and I’m going to start joining … The kings today are mostly figureheads, but we also have dictators not called kings who act like one. We have an elected representative trying to be a king.”

He, much like others around him — even with Jacobs standing mere feet away — criticized Congress’ inaction.

“Congress is understepping. They should assert their rights under Article One — declare war, impose tariffs — but they’re too afraid to follow their oath,” Norrin said, eventually shifting to a note of hope. “If at least 3.5 percent of the populace regularly protests, there’s a good possibility for change. I hope that happens here. Some friends will go to Connecticut to join larger groups. I had to figure out which protest in D.C. to join—it took a while.”

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