News
Arkansas appeals marriage ruling to Eighth Circuit
Litigation joins Missouri lawsuit pending before federal appeals court
One of the couples who married at Pulaski County Courthouse in Little Rock, Ark. (Photo by Grav Weldon)
In a one-page notice, Attorney General Dustin McDaniel — a Democrat who supports same-sex marriage, but has been defending the state’s marriage ban in court — indicated his intent to appeal the ruling to the federal appeals court.
On Nov. 25, U.S. District Judge Kristine Baker ruled against the state’s ban on same-sex marriage on the basis that it violates the Fourteenth Amendment to the U.S. Constitution. Until this time, the state had yet to make a decision on whether it would appeal the decision.
In a statement, McDaniel said he held off on deciding whether to appeal because he was anticipating a ruling in related state litigation seeking marriage equality before the Arkansas Supreme Court.
“I had hoped that the Arkansas Supreme Court would rule in Wright v. Smith prior to the deadline to file notice of appeal in the federal case. Had they done so, their guidance would have been helpful,” McDaniel said. “Because it appears that the Arkansas Supreme Court will not announce its decision before December 26, which is the deadline to submit a notice of appeal in the federal case, I believe it is necessary to file this notice, in keeping with my obligation to oppose all challenges to our State Constitution.”
Earlier this year, same-sex marriage briefly came to Arkansas as a result of a decision in state litigation by Sixth Judicial Circuit Judge Chris Piazza, allowing an estimated 541 same-sex weddings to take place before the Arkansas Supreme Court stayed those weddings.
The Arkansas litigation isn’t the only lawsuit seeking the right for same-sex couples to marry before the Eighth Circuit. Earlier this month, Missouri Attorney Chris Koster appealed a decision in favor of same-sex marriage in Missouri to the federal appeals court.
Marriage litigation in the Eighth Circuit is more complicated than lawsuits in other jurisdictions because that appeals courts has upheld the ban on same-sex marriage recognition in Nebraska as constitutional in 2006 in the case of Citizens for Equal Protection v. Bruning.
However, that decision came down before the Supreme Court’s decision against DOMA. It remains to be seen whether the Eighth Circuit will interpret that ruling as new guidance to reverse its previous decision and institute marriage equality throughout the jurisdiction.
Hungary
New Hungarian government to scrap anti-LGBTQ adoption law
Prime Minister Peter Maygar ousted Viktor Orbán in April
Hungarian Prime Minister Peter Maygar has said his government will amend a law that essentially bans same-sex couples from adopting children.
Lawmakers approved the effective adoption ban in 2020, when then-Prime Minister Viktor Orbán’s government was in power. Maygar announced plans to amend the law on Saturday when he was speaking to supporters in Budapest, the Hungarian capital.
Orbán and his government faced widespread criticism over its anti-LGBTQ crackdown that also included laws banning Pride events.
Maygar in April ousted Orbán in Hungary’s elections.
Baltimore
Transgender woman killed in Barclay community mourned by friends, advocates
Sophie Lee shot to death on Friday morning
By DARREONNA DAVIS | Denise Johnson imagined spending Sunday with her daughter, Sophie Lee, eating crabs at the park. Instead, she stood on a Barclay street corner Sunday evening surrounded by nearly 100 people who came to remember her daughter, a transgender woman who was fatally shot there Friday.
The 27-year-old woman was found in the 2400 block of North Calvert Street around 1:15 a.m. Friday, Baltimore Police said in a news release.
Lindsey Eldridge, a police department spokesperson, said it’s unclear if her identity had anything to do with her death and the investigation is ongoing.
The rest of this article can be read on the Baltimore Banner’s website.
Turkey
Dozens detained after Turkish authorities raid LGBTQ groups, businesses
Raids targeted gay bars, activists’ homes
Authorities in Turkey over the weekend detained dozens of people during raids they carried out against gay bars and LGBTQ activists’ homes across the country.
The BBC reported the raids were part of the government’s “My Family is Safe” campaign.
A statement from a group of Turkish advocacy groups the Washington Blade received on Sunday noted Justice Minister Akın Gürlek said the operation included “162 individuals, nine associations, and 13 businesses across 15 provinces.” Prosecutors in Istanbul, Ankara, Izmir, Aydın, and Mersin are coordinating the campaign.
Kaos GL, one of the country’s largest advocacy groups, was among the targets.
“The authorities have referred to allegations including ‘obscenity,’ ‘facilitating prostitution or providing premises for prostitution,’ exposure of children to allegedly obscene content, drug-related offenses, and other morality-related offenses,” reads the press release the Blade received. “Information from the field indicates that additional allegations, including forming a criminal organization, may appear in some investigation files.”
“The reported inclusion of the offense of “establishing an organization for the purpose of committing crimes” under Article 220 of the Turkish Criminal Code is particularly alarming and, if confirmed, would mark a significant escalation in the criminalization of LGBTI+ human rights activism,” it added. “While LGBTI+ activists and organizations have recently faced and continue to face investigations and prosecutions on grounds such as ‘obscenity’ and alleged violations of the Law on Associations, the use of an organized-crime allegation represents a qualitatively more serious threshold, both in terms of the gravity of the accusation and the potential penalties involved.”
Turkish authorities under President Recep Tayyip Erdoğan’s government over the last decade have cracked down on LGBTQ and intersex activists in the country.
Police in 2015 used tear gas and water cannons against people who were about to participate in an Istanbul Pride march. Authorities in 2017 arrested nearly two dozen people who defied a ban on Pride events in the city.
Police in Ankara, the Turkish capital, in 2019, arrested 18 students and an academic who participated in a Pride march at the Middle East Technical University. They faced up to three years in prison, but a court in 2021 acquitted them. Police in 2022 violently broke up a Pride parade at the same Ankara university.
Turkish authorities in July refused to allow a gay cruise ship — the Scarlet Lady, a Virgin Voyage vessel that Atlantis Events chartered — to dock in Kusadasi, a resort town on the Aegean Sea.
Kusadasi is in Aydın Province, one of the provinces in which authorities conducted the raids. Turkish officials also refused to allow the Scarlet Lady to dock in Istanbul.
A Turkish source on Sunday told the Blade the “My Family is Safe” operation began on the 46th anniversary of a military coup that toppled the country’s government in 1980.
“The fact that this operation began on the night of Sept. 12 — the 46th anniversary of the 1980 coup — is highly significant in terms of the foundations of the prohibitive and repressive mindset directed at the LGBTI+ community,” they said. “Moreover, many LGBTI+ organizations had been subject to official inspections last week.”
“Conducting this operation on a Saturday night shortly thereafter also serves the purpose of heightening fear and anxiety within the community,” added the source.
The source asked the Blade not to reveal their identity.
ILGA-Europe in a statement described the raids as “the systematic dismantling of LGBTI civil society.” Paris Mayor Emmanuel Grégoire is among the European officials who have publicly condemned them.
The Blade will update this story with additional details as they become available.
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