Politics
Will Mich. judge make a surprise ruling for marriage equality?
Decision could immediately follow oral arguments this week

A federal judge in Michigan could issue a surprise ruling on Wednesday in favor of marriage rights for gay couples. (Image via wikimedia).
The national landscape for marriage equality could change abruptly following oral arguments in a Michigan lawsuit on Wednesday if the federal judge presiding over the case issues a decision saying gay couples should be able to wed in the state.
The U.S. District Court for Eastern District of Michigan is set to hear arguments in the case of DeBoer v. Snyder, a lawsuit filed by private attorneys that seeks to overturn the constitutional ban on same-sex marriage approved by Michigan voters in 2004.
Because requests for summary judgment were filed by both the plaintiffs and the state, U.S. District Judge Bernard Friedman could issue a decision immediately after he hears arguments in the courtroom.
Dana Nessel, one of four private attorneys representing the lesbian plaintiff couple in the lawsuit, said she’s “very hopeful” at the end of arguments Friedman will issue a ruling against the marriage ban in Michigan.
“We don’t know that that’s going to happen, but certainly, we’d be thrilled to have a resolution to this case as early as possible,” Nessel said. “This case has been pending for a very long time, and there are hundreds and hundreds, maybe thousands, of LGBT couples in this state that have been awaiting a ruling in this case.”
The case was filed in January 2012 by a lesbian couple, April DeBoer and Jayne Rowse, in Hazel Park, Mich., who were seeking a ruling granting them the ability to adopt their three children.
Michigan law has no explicit ban on gay adoption, but restricts adoptions to either single persons or married couples. Meanwhile, the Michigan marriage law restricts the state’s legal definition of marriage to opposite-sex couples. Some judges have interpreted that to mean gay couples can’t adopt because they’re unable to marry.
After Friedman reviewed the case last year, he suggested to the couple that they were actually seeking the right to marry because the right to adopt in the state was tied to marriage. The couple amended their case in March to seek marriage equality in Michigan, while still pursuing their goal of adoption rights, on the basis that the marriage ban violates the due process and equal protection clauses of the Fourteenth Amendment to the U.S. Constitution.
Jay Kaplan, a staff attorney at the ACLU of Michigan, said the judge may decide to wait beyond the day of oral arguments — perhaps indeterminately — to issue a decision on marriage, and could ultimately avoid the marriage issue altogether in his decision.
“There are many different scenarios that could happen here,” Kaplan said. “The judge could decide maybe just to focus in terms of the right to jointly adopt, and he could say that’s separate from the issue of marriage, or he could decide it’s tied to the issue of marriage and could also then decide to deny the right to marry is unconstitutional in the state of Michigan.”
It’s the first oral arguments in federal court after the U.S. Supreme Court decision striking down the Defense of Marriage Act. Presenting the oral arguments on behalf of the plaintiff couple will be private attorney Carole Stanyar. The attorney arguing in favor of the ban will likely be the lead counsel representing the state, Assistant Attorney General Kristin Heyse.
One thing to watch is whether the decision in United States v. Windsor will have bearing on the judge’s questioning or any decision he issues. Although that decision struck down a law prohibiting federal recognition of same-sex marriage, state courts and attorneys general have already drawn on the language in that decision to determine that state bans on marriage equality are unconstitutional.
Nessel said the decision will be a “tremendous benefit” in efforts to lift the ban on same-sex marriage in Michigan because of Associate Justice Anthony Kennedy’s language in the ruling expressing concern for children raised by gay couples.
“Our feeling was why talk about children being raised in same-sex households in a case that didn’t involve that at all unless Justice Kennedy specifically meant for that to apply to our case, to cases like ours,” Nessel said. “There it is. Right in the Windsor decision where it didn’t have to be. There’s no reason to talk about that unless it was meant to apply to our scenario, and we think it does.”
The ACLU of Michigan, Kaplan said, filed a friend-of-the-court brief in the case in favor of the plaintiffs along with Lambda Legal, the National Center for Lesbian Rights and the Human Rights Campaign. Prior to the Supreme Court ruling on DOMA, in December 2012 these groups urged the court to hold off on a decision on the basis that it was more “prudent” to make a decision after receiving guidance from the high court — a request the judge followed.
Another question is whether Gov. Rick Snyder, a Republican who has side-stepped the issue of same-sex marriage, or Michigan State Attorney General Bill Schuette, who has a reputation for being a conservative, will appeal a ruling in favor of same-sex marriage to the U.S. Sixth Circuit Court of Appeals. Such an appeal could mean a stay on the ability of county clerks to grant licenses to gay couples despite a ruling in favor of marriage equality.
The Michigan attorney general’s office didn’t respond to the Washington Blade’s request for comment on Schuette’s expectations for the lawsuit or whether he would appeal a ruling in favor of same-sex marriage. Joy Yearout, spokeswoman for Schuette, told the Detroit Free Press the state would defend the marriage ban in court, but wouldn’t comment on what would happen if the court ruled in favor of marriage equality.
Kaplan predicted that Schuette would make the appeal to the Sixth Circuit because the attorney general is “no supporter of LGBT equality in our state.”
“He’s indicated that he believes things should be the status quo with regard to relationship recognition the way things exist now in our state,” Kaplan said. “Chances are that he would appeal.”
Oral arguments in the case are taking place in the Michigan lawsuit amid a slew of activities throughout the country on marriage equality following the Supreme Court decision against DOMA and California’s Proposition 8. At least 35 marriage equality lawsuits are pending in 19 states.
Michael Cole-Schwartz, an HRC spokesperson, said a ruling in favor of marriage equality from the Michigan court — even if it were appealed — would be a tremendous boon to the pursuit of marriage equality across the country.
“This is one of many cases that calls into question the irrational exclusion of lesbian and gay couples from marriage and we are hopeful that as momentum builds, these darks walls of discrimination will fall,” Cole-Schwartz said.
Congress
Ogles faces bipartisan backlash over anti-gay social media post
Tenn. congressman blamed the comment on staffer
U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”
“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.
According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.
Following widespread criticism, Ogles removed the post and blamed it on a staff member.
“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.
The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.
Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.
“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”
U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.
“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”
Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.
“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”
Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.
“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”
The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”
Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.
Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.
Congress
10 HIV/AIDS activists arrested on Capitol Hill
Protesters interrupted Secretary of State Marco Rubio during hearing
U.S. Capitol Police on Tuesday arrested 10 HIV/AIDS activists who protested Secretary of State Marco Rubio during a Senate Foreign Relations Committee hearing.
The activists from Housing Works, Health GAP, the Treatment Action Group, and ACT UP held signs and chanted “Rubio’s Cuts Kill People with AIDS, PEPFAR Saves Lives!” before officers removed them from Dirksen Senate Office Building room where the hearing took place.
A media advisory the Washington Blade received before the protest noted “mounting evidence of Rubio’s attempts to sabotage PEPFAR (the President’s Emergency Plan for AIDS Relief, U.S. bilateral AIDS program) and vital global health programs.” The press release specifically highlighted three specific points:
• Eliminating Centers for Disease Control’s (CDC) lifesaving PEPFAR programs, which currently support approximately 12 million people on HIV treatment across 51 countries. Instead, Rubio intends to dismantle CDC’s current PEPFAR role and stamp out their global footprint in disease outbreak and surveillance for pandemics beyond HIV. Experts including eight former CDC Directors under Republican and Democratic administrations have spoken out against this effort to dismantle PEPFAR. Recent PEPFAR data showed sharp decreases in the numbers of people newly tested, diagnosed, and treated for HIV, but these data would have been even worse if not for CDC’s PEPFAR programs.
• Withholding $2 billion in Congressionally appropriated FY25 funding, including $330 million to combat HIV, $250 million to fight malaria, $320 million for maternal and child health programs, and nearly $650 million in global health security programs.
• Negotiating secret bilateral deals blackmailing African governments by demanding access to critical mineral wealth as a condition of access to HIV treatment and prevention funding.
The groups have staged several protests against the Trump-Vance administration’s HIV/AIDS policies since it took office.
Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.
The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates.
The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)
Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought a few weeks later said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.
The White House in January expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. Advocacy groups insist the expanded rule will adversely impact HIV prevention efforts around the world.
“Congress must stop Secretary Rubio before he dismantles PEPFAR,” said Treatment Action Group’s Kendall Martinez-Wright. “Rubio continues to defy the will of Congress and the American people who want this program restored and repaired. Under his leadership he is diverting funding and trying to eliminate the essential role of technical experts in global HIV and global health, while program performance is flailing.”
2026 Midterm Elections
Ken Paxton wins Texas Republican primary runoff
LGBTQ rights opponent will face Democrat James Talarico in November
Attorney General Ken Paxton won the Republican Senate primary in Texas on Tuesday, ousting incumbent U.S. Sen. John Cornyn.
Paxton won the primary against the four-term incumbent in large part due to President Donald Trump’s endorsement. Despite Cornyn voting with Trump more than 90 percent of the time, political insiders say being supportive isn’t enough to win Trump’s endorsement anymore — Republican candidates need to embrace the full MAGA image, something Paxton has done.
Paxton has served as Texas attorney general since 2015 and, before that, worked as a Texas state representative. He has approached both roles with what LGBTQ activists call a “consistently Anti-LGBTQ+ Record.” Following the landmark U.S. Supreme Court decision in Obergefell v. Hodges — the case that made same-sex marriage the law of the land — Paxton advised Texas county clerks they could refuse marriage licenses to same-sex couples on religious grounds.
His anti-LGBTQ crusade doesn’t stop at fighting against marriage equality.
Paxton has repeatedly demanded medical records for transgender youth in multiple states — including Texas, Georgia, and Washington — in hopes of making the practice illegal. His anti-trans actions go far past medical records. Paxton issued an opinion barring trans Texans from changing the sex on their driver’s licenses and birth certificates, claiming any changes made were “unlawfully altered,” and helped the DOJ reach an agreement with a Texas’s children’s hospital for providing minors gender-affirming care, eventually leading to a 10 million dollar settlement. He also authored a non-legally binding opinion equating gender-affirming healthcare for youth to child abuse.
In addition to his long history of anti-LGBTQ policy in the Lone Star State, Paxton is no stranger to controversy.
Multiple impeachment efforts brought against him in the state House of Representatives for “abuse of office” — with the state Senate later acquitting him — allegations that he used his office to assist large campaign donors, namely Nate Paul, and a widely publicized separation from his wife, state Sen. Angela Paxton, all impacted his run for the U.S. Senate seat — but not enough to keep him from the office.
Lynne Bowman, vice president of campaigns at the Human Rights Campaign, issued a statement following the announcement of Paxton’s primary win.
“Texans have a clear choice this fall, and an opportunity to reject failed policies that hurt all families,” Bowman sent to the Blade via email. “Ken Paxton is so out of step that he has fought to undercut marriage equality and spent time demanding personal medical records for young people who do not even live in Texas, all while becoming the most corrupt politician in America. The more than 2 million Equality Voters in Texas will send him packing.”
Paxton will face off against Democratic hopeful and vocal Trump critic James Talarico in the fall.
Talarico, who won the Democratic primary in April against Congresswoman Jasmine Crockett, has been a vocal supporter of LGBTQ rights, citing his ministry work as the source of his support for the community.
The race for Texas’s Senate seat will be decided on Nov. 3.
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