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Court dismisses La. marriage equality lawsuit

Plaintiffs say they’ll amend complaint to continue litigation

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A Louisiana court has dismissed a marriage equality lawsuit (photo via wikimedia).

A Louisiana court has dismissed a marriage equality lawsuit (photo via wikimedia).

A federal court in Louisiana has dismissed a lawsuit seeking marriage equality on the grounds of lack of jurisdiction, although attorneys say they’ll amend the complaint to continue the litigation.

U.S. District Judge Martin Feldman, a Reagan appointee, dismissed the lawsuit, known as Robicheaux v. Caldwell, on Wednesday because plaintiffs named only Attorney General James Caldwell as a defendant and he hasn’t denied them the recognition of their marriage.

“The Attorney General’s sweeping responsibility to enforce the laws of the State of Louisiana lacks the Ex parte Young specificity nexus between the Attorney General and the alleged unconstitutional provisions that is essential to defeat sovereign immunity,” Feldman writes.

Scott Spivey, an attorney in New Orleans, filed the federal lawsuit on behalf of Jon Robicheaux and Derek Pinton, who married in Iowa last year and are seeking the recognition of their marriage in their home state of Louisiana. Another Louisiana same-sex couple who married in Iowa, Nadine and Courtney Blanchard, later joined as plaintiffs in the lawsuit.

James Hartman, a spokesperson for the plaintiffs, say they don’t believe the decision is “a fatal blow to the case” and plan to amend the complaint.

“On Monday, pending no objection from the attorney general, Mr. Spivey will seek to amend the suit, naming Secretary Tim Barfield of the State Department of Revenue as the defendant,” Hartman said. “Failing acceptance of that amendment or denial of that motion, Mr. Spivey will file an appeal with the Fifth Circuit.”

An individual is unable to sue a state under the Eleventh Amendment of the U.S. Constitution because of sovereign immunity — unless the plaintiff is suing a state actor who’s acting in an unconstitutional way.

Feldman denies the attorney general is the appropriate state actor in the lawsuit, dismissing arguments that Caldwell is essentially responsible for enforcing the laws in Louisiana and sovereign immunity cannot apply in the case because plaintiffs are seeking injunctive relief and not monetary damages.

The judge also takes note the attorney general has requested the lawsuit be dismissed or transferred for improper venue, but says this request is moot because the judge has dismissed the lawsuit for other reasons.

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the plaintiffs would be in a stronger position in the case if they sought recognition and then alleged in their amended complaint that the recognition was denied.

“If the couples had asked for recognition and been denied, the court would not have dismissed the suit on the same grounds,” Goldberg said.

The Robicheaux case isn’t the only marriage-related lawsuit in Louisiana. Private lawyers have filed another lawsuit in state court, known as In Re Costanza and Brewer, on behalf of another same-sex couple seeking to have their marriage recognized by Louisiana. Judge Edward Broussard ruled against the couple in July. The case is now being appealed.

CORRECTION: An initial version of this article indicated that James Hartman was a spokesperson for attorney Scott Spivey. The Blade regrets the error.

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The White House

Hundreds protest ICE killing of Renee Nicole Good in D.C.

Married queer woman shot in Minneapolis on Wednesday

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Hundreds of people took to the streets of D. C. on Thursday night to protest the killing of a U.S. citizen by a U.S. Immigration and Customs Enforcement agent.

Protests began at the busy — and increasingly queer — intersection of 14th and U Streets, N.W. There, hundreds of people held signs, shouted, and made their way to the White House to voice their dissent over the Trump-Vance administration’s choice to increase law enforcement presence across the country.

The protest, which also occurred simultaneously in cities large and small across the country, comes in the wake of the death of Minneapolis resident Renne Nicole Good at the hands of ICE Agent Jonathan Ross. Good left behind two children and a wife, Rebecca Good.

Records obtained by the Associated Press found that Ross was an Iraq War veteran and nearly two decades into his career with U.S. Border Patrol and ICE.

Good was gunned down just blocks away from where George Floyd was killed by police in 2020, sparking weeks of national protests. Minnesota officials say the FBI has blocked their access to an investigation into the fatal shooting, according to a BBC story published on Friday.

In the nation’s capital, protesters marched from the intersection of 14th and U Street to Lafayette Square, right outside the White House. Multiple D.C. organizations led the protest, most notably Free DC, a nonprofit that works to ensure the right of “self-determination” for District residents, as many local laws can be reviewed, modified, or overturned by Congress. Free DC had organized multiple protests since the Trump-Vance administration was elected.

The Washington Blade spoke to multiple protesters towards the tail end of the protest about why they came out.

Franco Molinari, from Woodbridge, Va., crossed the Potomac to partake in his first-ever protest.

“I don’t appreciate ICE and the use of federal agents being pretty much militarized against America,” Molinari said while holding a “Justice for Renee” sign. “The video of Renee being executed cartel style in her car was enough for me to want to come out, to at least do something.”

Molinari, like many others the Blade spoke with, found out about the protest on Instagram.

“It was my friend there, Sarah … had sent a link regarding the protest to a group chat. I saw it in the morning, and I thought, ‘You know what, after work, I’m head out.’”

He also shared why protesting at the White House was important.

“I already saw the response that the president gave towards the murder of Renee, and it was largely very antagonizing,” Molinari said.

President Donald Trump, along with federal leaders under him, claimed that Good “violently, willfully and viciously ran over the ICE officer.” The president’s claims have been widely discredited through multiple videos of the incident, which show Good was attempting to leave the scene rather than attacking the officer.

“I hope that anybody would be able to see that and see the response and see for themselves that it just is not correct,” Molinari said.

The Blade also spoke with leftist influencer Dave the Viking, who has more than 52,000 followers on TikTok, where he posts anti-fascist and anti-Trump videos.

“We’re out here to make sure that this regime can’t rewrite history in real time, because we all know what we saw … we’re not going to allow them to run with this narrative that they [ICE agents] were stuck in the snow and that that poor woman tried to weaponize her car, because we all saw video footage that proves otherwise,” he told the Blade. “We’re not going to let this regime, the media, or right-wing influencers try to rewrite history in real time and try to convince us we didn’t all see what we know we saw.”

Dave the Viking continued, saying he believes the perceived power of ICE and other law enforcement to act — oftentimes in deadly and unjustifiable ways — is a product of the Trump-Vance administration.

“There’s a line between fascism and anti-fascism. These motherfuckers have been pushing that envelope, trying to label an idea a terrorist organization, to the point of yesterday, crossing that line hardcore. You face the point of looking at history and saying there was this 1989, 2003 America, where we’re just going in, raiding resources. Where is this fucking 1930s Germany, where we’re going in and we’re about to just start clearing shit and pulling knots? Yeah, nope. We proved that shit yesterday.”

Two people were injured in another shooting involving federal agents, this time Border Patrol in Portland, Ore., on Thursday afternoon.

KC Lynch, who lives near American University, also spoke about her choice to protest with a group.

“I came out today because everything that ICE has done is absolutely unacceptable, not only killing this one woman, but also the fact that they’ve been imprisoning people in places that are literally, that have been literally on record by international organizations shown to be human rights violating. It’s unbelievably evil.”

Lynch also echoed Dave’s opinion about parallels between the Trump-Vance administration and the rise of Adolf Hitler in Nazi Germany.

“It’s literally what happened before the Holocaust. We should all be scared. We should all be angry. I’m so angry about it … even talking about it — I’m sorry,” she said before getting choked up.

Lynch emphasized that despite the circumstances in which people were protesting together, the sense of community was strong and powerful.

“I feel like it’s important for people to know that we’re angry, even if no policy changes come out of it, and it’s just nice to yell and be angry about it, because I feel like we’ve probably all been feeling this way, and it’s nice to be around people that are like minded and to like have a sense of community.”

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Venezuela

AHF client in Venezuela welcomes Maduro’s ouster

‘This is truly something we’ve been waiting for’ for decades

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(Image by Tindo/Bigstock)

An AIDS Healthcare Foundation client who lives in Venezuela told the Washington Blade he welcomes the ouster of his country’s former president.

The client, who asked the Blade to remain anonymous, on Thursday said he felt “joy” when he heard the news that American forces seized Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation on Jan. 3.

“This is truly something we’ve been waiting for for 26 or 27 years,” the AHF client told the Blade.

Hugo Chávez became Venezuela’s president in 1999. Maduro succeeded him in 2013 after he died.

“I’ve always been in opposition,” said the AHF client, who stressed he was speaking to the Blade in his personal capacity and not as an AHF representative. “I’ve never agreed with the government. When I heard the news, well, you can imagine.”

He added he has “high hopes that this country will truly change, which is what it needed.”

“This means getting rid of this regime, so that American and foreign companies can invest here and Venezuela can become what it used to be, the Venezuela of the past,” he said.

The AHF client lives near the Colombia-Venezuela border. He is among the hundreds of Venezuelans who receive care at AHF’s clinic in Cúcuta, a Colombian city near the Táchira River that marks the border between the two countries.

The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)

The AHF client praised U.S. President Donald Trump and reiterated his support for the Jan. 3 operation. 

“It was the only way that they could go,” he said.

The Venezuelan National Assembly on Jan. 4 swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. The AHF client with whom the Blade spoke said he is “very optimistic” about Venezuela’s future, even though the regime remains in power. 

“With Maduro leaving, the regime has a certain air about it,” he said. “I think this will be a huge improvement for everyone.”

“We’re watching,” he added. “The actions that the United States government is going to implement regarding Venezuela give us hope that things will change.”

Editor’s note: International News Editor Michael K. Lavers has been on assignment in Colombia since Jan. 5.

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Minnesota

Reports say woman killed by ICE was part of LGBTQ community

Renee Nicole Good shot in Minneapolis on Wednesday

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(Screen capture via @maxnextsterak/X)

A U.S. Immigration and Customs Enforcement agent shot and killed a woman in Minneapolis as she attempted to drive away from law enforcement during a protest on Wednesday.

The Star Tribune newspaper identified the victim as Renee Nicole Good, 37, a Minneapolis resident who lived blocks from where she was shot in the Central neighborhood, according to reports. Donna Ganger, Good’s mother, told the Star Tribune that her daughter lived in the Twin Cities with her wife.

Multiple videos of the shooting have gone viral on social media, showing various angles of the fatal incident — including footage that shows Good getting into her car and attempting to drive away from law enforcement officers, who had their weapons drawn.

In the videos, ICE agents can be heard telling Good to “get out of the fucking car” as they attempted to arrest her. Good, who press reports say was married to a woman, ended up crashing her car into an electric pole and other vehicles. She was later transported from the scene of the shooting and died at the hospital.

President Donald Trump defended the ICE agent on Truth Social, saying the officer was “viciously” run over — a claim that coincides with Homeland Security Secretary Kristi Noem’s assessment of the situation. Noem, a South Dakota Republican, insisted the officer “fired defensive shots” at Good after she attempted to run over law enforcement agents “in an attempt to kill them — an act of domestic terrorism.”

Multiple state and local officials disputed claims that the shooting was carried out in self-defense at the same time Noem was making those assertions.

An Instagram account that appears to belong to Good describes her as a “poet and writer and wife and mom and shitty guitar strummer from Colorado; experiencing Minneapolis, MN,” accompanied by a rainbow flag emoji.

A video posted to X after the shooting shows a woman, reportedly her wife, sitting on the ground, crying and saying, “They killed my wife. I don’t know what to do.”

“We’ve dreaded this moment since the early stages of this ICE presence in Minneapolis,” Mayor Jacob Frey said during a Wednesday press conference. “Having seen the video myself, I want to tell everybody directly that [the DHS’s claim of self-defense] is bullshit. This was an agent recklessly using power that resulted in somebody dying, getting killed.”

“I have a message for ICE. To ICE, get the fuck out of Minneapolis,” Frey continued. “We do not want you here. Your stated reason for being in this city is to create some kind of safety, and you are doing exactly the opposite. People are being hurt. Families are being ripped apart. Long-term Minneapolis residents that have contributed so greatly to our city, to our culture, to our economy are being terrorized, and now somebody is dead. That’s on you, and it’s also on you to leave.”

Across the Capitol, members of the House and the Senate condemned the actions of the officer.

“There’s no indication she’s a protester, there’s nothing that at least you can see on the video, and therefore nothing that the officers on the ground could see that identify her as someone who’s set out to try to do harm to an ICE officer,” U.S. Sen. Elizabeth Warren (D-Mass.) said Wednesday night on MS NOW’s “The Weeknight.”

“There is no evidence that has been presented to justify this killing,” House Minority Leader Hakeem Jeffries (D-N.Y.) said in a statement on his website. “The masked ICE agent who pulled the trigger should be criminally investigated to the full extent of the law for acting with depraved indifference to human life.”

“ICE just killed someone in Minneapolis,” U.S. Rep. Robert Garcia (D-Calif.) the highest-ranking Democrat on the House Oversight Committee, posted on X. “This administration’s violence against communities across our country is horrific and dangerous. Oversight Democrats are demanding answers on what happened today. We need an investigation immediately.”

In a statement to the Advocate, Human Rights Campaign President Kelley Robinson wrote, “Today, a woman was senselessly killed in Minneapolis during an ICE action — a brutal reminder that this agency and the Trump regime put every community at risk, spreading fear instead of safety. Reports that she may have been part of the LGBTQ+ community underscore how often the most vulnerable pay the highest price.”

National LGBTQ Task Force President Kierra Johnson also responded to Good’s death.

“We recognize and mourn the loss of Renee Nicole Good and extend our condolences to her family, loved ones, and community,” said Johnson in a statement. “This loss of life was preventable and reprehensible, particularly coming at the hands of federal agents.”

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