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Utah judge legalizes same-sex marriage

No stay in decision means gay couples can apply for licenses immediately

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Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade
Seth Anderson, Michael Ferguson, gay marriage, same-sex marriage, marriage equality, Utah, Salt Lake City, gay news, Washington Blade

A federal judge in Utah has struck down the state’s ban on same-sex marriage. Michael Ferguson (left) and Seth Anderson were married in Salt Lake City. (Photo courtesy of Seth Anderson)

A federal judge in Utah has ruled the state’s constitutional ban on same-sex nuptials is unconstitutional, enabling gay couples in the state to apply for marriage licenses immediately.

U.S. District Judge Robert Shelby, an Obama appointee, issued 53-page decision on Friday, determining the state’s ban on same-sex marriage violates gay couples’ rights under the 14th Amendment of the U.S. Constitution.

“Applying the law as it is required to do, the court holds that Utah’s prohibition on same- sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law,” Shelby writes. “The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demean the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.”

The decision — handed down in response to a request for summary judgment from all parties involved — makes Utah the 18th state in the country where same-sex marriage is legal. No stay was placed in the decision, so gay couples can apply for marriage licenses immediately.

One such couple, Seth Anderson and his new spouse, documented their application for a marriage license in Utah on Twitter within an hour after the ruling.

 

Gov. Gary Herbert (R-Utah) opposes same-sex marriage and defended the ban against the litigation in court, so is expected to appeal the decision to the U.S. Tenth Circuit Court of Appeals. Herbert, along with Acting Attorney General Brian Tarbet, filed a notice of appeal with the district court following the ruling.

In a statement, Tarbet said his office is requesting an emergency stay in anticipation of an appeal to higher court.

“The federal district court’s ruling that same-sex marriage is a fundamental right has never been established in any previous case in the 10th Circuit,” Tarbet said. “The state is requesting an emergency stay pending the filing of an appeal. The Attorney General’s Office will continue reviewing the ruling in detail until an appeal is filed to support the constitutional amendment passed by the citizens of Utah.”

Earlier, Herbert said he’s “disappointed” with the judge’s ruling and is examining ways to keep the ban to same-sex marriage in place within the state.

“I am very disappointed an activist federal judge is attempting to override the will of the people of Utah,” Herbert said. “I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah.”

The ruling marks the second time a court has struck down a ban on same-sex marriage that was constitutional and not statutory. The first was the 2010 ruling against California’s Proposition 8. It’s also the first time a court struck down a constitutional ban on same-sex marriage in the aftermath of the U.S. Supreme Court’s decisions on Prop 8 and Section 3 of the Defense of Marriage Act.

Shannon Minter, legal director for the National Center for Lesbian Rights, told the Washington Blade the decision is “a huge win” — not just for same-sex couples in Utah, but the entire country.

“To have such a historic ruling take place in Utah speaks volumes about our country’s trajectory from discrimination to acceptance and support for same-sex couples and their families,” Minter said.

The challenge to the law was brought by three Utah couples – Derek Kitchen and Moudi Sbeity; Karen Archer and Kate Call; and Laurie Wood and Kody Partridge — who were represented by the law firm of Magleby & Greenwood. The couples either wished to be married in Utah or were legally married elsewhere and wanted their home state to recognize their marriage.

The decision makes heavy use of the Supreme Court decision against DOMA as part of the reasoning striking down Utah’s ban on same-sex marriage. Ironically, Shelby draws on the dissent of U.S. Associate Justice Antonin Scalia, who wrote it would be “easy” for judges to apply the DOMA decision to state laws banning same-sex marriage.

“The court agrees with Justice Scalia’s interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law,” Shelby writes.

Utah voters in 2004 approved the state constitutional ban on same-sex marriage, known as Amendment 3, by a margin of 65.8 percent to 33.2 percent. It bans both same-sex marriage and marriage-like unions.

Shelby writes the issue of same-sex marriage is “politically charged in the current climate” and more so because the current law is in place as a result of referendum. However, Shelby rules that even a vote of the people can’t defy the U.S. Constitution.

“It is only under exceptional circumstances that a court interferes with such action,” Shelby writes. “But the legal issues presented in this lawsuit do not depend on whether Utah’s laws were the result of its legislature or a referendum, or whether the laws passed by the widest or smallest of margins. The question presented here depends instead on the Constitution itself, and on the interpretation of that document contained in binding precedent from the Supreme Court and the Tenth Circuit Court of Appeals.”

The judge concludes by drawing on the 1966 case of Loving v. Virginia, which struck down state bans on interracial marriage throughout the country, saying the defense in favor of these bans 50 years ago is the same the state provided for Utah’s ban on same-sex marriage.

“For the reasons discussed above, the court finds these arguments as unpersuasive as the Supreme Court found them fifty years ago,” Shelby writes. “Anti-miscegenation laws in Virginia and elsewhere were designed to, and did, deprive a targeted minority of the full measure of human dignity and liberty by denying them the freedom to marry the partner of their choice. Utah’s Amendment 3 achieves the same result.”

Marc Solomon, national campaign director for the LGBT group Freedom to Marry, said ruling represents a historic end to a year of tremendous success for the marriage equality movement.

“The federal district judge has done the right thing by affirming that marriage is a fundamental freedom for all people, gay and non-gay – for all of us who believe in liberty and fairness,” Solomon said. “We hope that officials implement this ruling statewide. As same-sex couples celebrate their weddings, more people will see that sharing in the freedom to marry helps families and harms no one.”

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White House

White House press pool pushes back after Trump bars three outlets

As President Trump refuses entry to outlets he deems unreasonable, lawsuits have been filed to regain access to the West Wing

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(Washington Blade photo by Joe Reberkenny)

Past the first checkpoint to get into the White House, multiple carts filled with camera equipment sat along a fence. Wagons loaded with tripods, cables, mics, and cameras sat just past where they normally would be working at full power. Today, they were turned off and packed away.

Last week, President Donald Trump decided to bar CNN, MS NOW and POLITICO from the White House following reporting he considers “FAKE NEWS.”

Trump, in a post on Truth Social on Monday morning, described his move as “instituting an assault on the FAKE NEWS,” which he said has “grown like Cancer in our beloved United States of America.”

“It is corrupt, purposeful, pervasive, fully coordinated, and totally out of control,” he wrote on the social media site he owns. “It is a threat to our National Security, and must be stopped, NOW!”

As a result, all of the major television networks that comprise the television press pool — ABC, CBS, NBC, CNN, and Fox News — suspended their White House TV pool coverage. They decided to no longer send camera crews to cover President Donald Trump’s events.

“The public has a vital interest in receiving accurate, independent information about its government,” the five White House TV pool networks said in a joint statement Monday. “No administration should restrict a news organization because it objects to its reporting.”

POLITICO, CNN and MS NOW filed a lawsuit Monday to immediately restore access for their reporters, who had their credentials confiscated by the Secret Service.

In the White House, there was a noticeable shift in the atmosphere. The Washington Blade is the only LGBTQ news outlet that is part of the White House Press Pool, and was acting as the primary print pooler as the situation unfolded on Monday. 

Whispers about who might be kicked from the press pool next could be heard both in the press area of the West Wing, as well as outside the part of the White House dedicated to filming the president’s office. The area where TV stations normally film their live shots of the White House while reporting looked less busy than a normal Monday — especially as the president made his way to New York City ahead of the UN General Assembly meeting this week.

(Washington Blade photo by Joe Reberkenny)

CNN’s outdoor filming area, which is staffed nearly at all times, sat dark with a green cover over the space that normally houses its cameras and political reporters like Kaitlan Collins.

There were small signs of solidarity from other outlets in the press office. A sign that has hung outside one of the news offices in the West Wing was updated. It originally read, “WE STAND WITH AP” following President Trump’s first attempt at removing a news outlet he deemed unfavorable. It now includes “I STAND WITH AP CNN MSNOW POLITICO.”

The change could also be felt as the press pool attempted to cover the president.

There was a ribbon cutting in honor of the $6 million helipad installed at Trump’s behest — which had nearly no audio as a result of fewer microphones in the space following the outlets’ removal on Monday afternoon, and partly because of the loud sound of Marine One.

Vice President JD Vance defended Trump when asked about the changes to TV access at the White House, standing with the president despite this likely being a violation of the First Amendment’s guarantee of a free and fair press.

“He’s not banning media outlets. What he’s doing is saying we’re not going to give you special access to the White House if you engage in what is effectively propaganda,” Vance said, alleging that 92% of the stories from CNN, MS NOW and Politico about Trump are “negative.”

“That’s not representative of the American people. It’s not representative of public opinion,” Vance said.

He pushed back on the notion that this is a hindrance on free speech — claiming access to the president through White House visitation is a privilege — a privilege that in this administration, at least until courts weigh in, could change the landscape of the American media system.

“It’s about basic fairness. They can still report. They still have the access to free speech. They’re just not going to get an office in the White House anymore,” Vance said.

Jacqui Heinrich, the White House Correspondents Association President condemned the president’s actions in restricting media access in a statement sent to WHCA members on Saturday.

“Today’s action revoking access for journalists from CNN, POLITICO, and MSNOW violates the First Amendment. The implications extend beyond these organizations: a standard used to exclude one news outlet because of its coverage could be applied to any outlet in the future.

“The American people, through a free and independent press, must be able to scrutinize those elected to power, regardless of whether government officials view it favorably. That’s why courts have repeatedly held that once the White House provides access to journalists, it cannot deny that access arbitrarily or based on the content of their reporting. The WHCA calls on the administration to immediately restore our colleagues’ access.”

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Long-time DignityUSA executive director announces retirement

Marianne Duddy-Burke has been with LGBTQ Catholic group for decades

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DignityUSA Executive Director Marianne Duddy-Burke, right, greets Pope Francis in 2023. Duddy-Burke has announced she will retire from the LGBTQ Catholic group once her successor is named. (Photo courtesy of Marianne Duddy-Burke)

The executive director of the world’s oldest LGBTQ Catholic organization has announced she will retire once her successor has been chosen.

Marianne Duddy-Burke has been with DignityUSA for more than four decades. She has been the group’s executive director since 2007.

DignityUSA announced Duddy-Burke’s retirement on Sept. 17.

Duddy-Burke during her tenure has urged the Vatican to do more to welcome LGBTQ Catholics. She has also, among other things, championed marriage equality and advised the State Department on LGBTQ-specific issues. (The Trump-Vance administration’s decision to freeze nearly all U.S. foreign aid shortly after it took office in January 2025 has had a devastating impact on the global LGBTQ and intersex rights movement and efforts to fight HIV/AIDS around the world. A report that Outright International released earlier this month notes 90 percent of LGBTQ and intersex rights groups around the world have lost funding since 2025.)

Duddy-Burke met with Pope Francis in 2023.

She traveled to Rome in 2025 for the papal conclave to choose the Argentine-born pope’s successor. Pope Leo XIV, who was born in Chicago, succeeded Francis.

DignityUSA in the press release that announced Duddy-Burke’s retirement notes she expressed “particular appreciation to people who spoke honestly about the reality of being a queer Catholic or family member.”

“I have been inspired every day by your stories and have done my best to lift them up,” said Duddy-Burke. “It is your lives, your faith, your struggles, your hopes that I have strived to reflect in my work, and doing this has been a great honor.”

DignityUSA President Meli Barber praised Duddy-Burke.

“It is almost impossible to sum up the scope and depth of Marianne’s achievements and contributions to DignityUSA over her more than four decades of service,” said Barber. “Under her wisdom and leadership, DignityUSA has only grown in stature as an advocate for LGBTQIA+ Catholics and as a visionary thought leader for LGBTQIA+ ministry and spirituality.

“Marianne has been more than an extremely able executive director,” added Barber. “Her care for and ministry to chapters, her deep personal relationships with countless Dignity members, her connections to LGBTQIA+ Catholics around the world, the relationships she has built with other progressive Catholic organizations, her skill as a public representative, the respect with which she is universally regarded, and her tireless devotion to service all leave an indelible mark. It is not an exaggeration to say that she has shaped not only Dignity but a generation of LGBTQIA+ Catholics.”

Barber said DignityUSA will “soon begin a search for a new executive director.” Barber added Duddy-Burke “will assist with the transition.”

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Over 2,000 turn out for Hands Around the Kennedy Center protest

Drag performer Tara Hoot serves as MC, Gay Men’s Chorus of DC performs, attendees shout for Trump to keep ‘hands off’ Kennedy Center

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The Gay Men's Chorus of Washington performs at a rally in front of the Kennedy Center on Friday, Sept. 18. (Washington Blade photo by Michael Key)

More than 2,000 supporters of the John F. Kennedy Center for the Performing Arts turned out on Sept. 18, for a rally in support of the performing arts center and a vocal protest against President Donald Trump’s threats to permanently close the center and possibly demolish it.

The event was organized by a group called Hands Off the Arts, which initially called for participants to form a “human chain” around the Kennedy Center’s main building following a rally on the plaza in front of the building.

However, due to a decision by the Trump-controlled Kennedy Center’s board of trustees to close the center earlier in the week and install fencing around part of the building, participants could only form the chain around part of the building, according to organizers.

Drag performer Tara Hoot, who co-organized the event and served as master of ceremonies for the rally preceding the “human chain,” said the large turnout could have fully surrounded the building at least twice had the fencing not prevented a full encirclement.

Drag artist Tara Hoot serves as the emcee at the Hands Around the Kennedy Center protest on Friday, Sept. 18. (Washington Blade photo by Michael Key)

Among the musicians and singing groups that performed at the rally was the Gay Men’s Chorus of Washington, which, like other rally performers, had performed at the Kennedy Center in past years. They drew loud applause after singing one of their favorite songs from the Broadway musical show Ragtime, which includes the lyrics, “Will justice be demanded by 10 million men? Make them hear you. When they hear you, I’ll be near you again.”

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Prior to their performance, Gay Men’s Chorus of Washington’s artistic director, Thea Kano, spoke at the rally, reminding participants that shortly after the Trump takeover of the center last year, Kennedy Center officials cancelled a concert the chorus was scheduled to perform there for World Pride 2025.

A Kennedy Center spokesperson said the cancellation was due to a scheduling conflict, but chorus members and LGBTQ activists believe it resulted from policies put in place by Trump and his leadership team at the Kennedy Center following Trump’s statements that he would end controversial “woke” performances that he claimed the majority of Americans disapprove of.

“Now this building sits empty in silence,” Kano told the crowd at the rally. “Let us raise our voices together and bring back the Kennedy Center as it was intended, a place where American culture could be celebrated and elevated, embracing the vibrancy with the spectrum of identify without censure and without politics,” she said.

Among the others who spoke at the rally were U.S. Rep. Don Beyer (D-Va.), U.S. Rep. Jonathan Jackson (D-Ill.), and D.C. Councilmember Robert White (D-At-Large).

Most speakers, along with LGBTQ participants in the hands-around-the-building event expressed strong opposition to Trump’s demand that the Kennedy Center name be changed from the John F. Kennedy Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.

At Trump’s request, his appointed board initially made that name change and placed Trump’s name on the front wall of the building along with the Kennedy name. But following legal action taken by opponents who pointed out that Congress must approve such a name change, a judge ordered the removal of Trump’s name from the building. Trump has said he will take steps to reverse that order and has said he will stop plans to renovate the Kennedy Center building and possibly demolish it if his name is not restored in the Kennedy’s Center’s official name.

Throughout the Sept. 18 rally, LGBTQ participants repeatedly responded to the Trump threats by shouting, “Hands Off!”

Chris Raleigh, one of the founders of Hands Off the Arts and a lead organizer of the Sept. 18 event at the Kennedy Center who spoke at the event told the Washington Blade that more similar events are being planned and he welcomes the support the event has received from the LGBTQ community.

“The LGBTQ community was here first, and we’re following them,” he said. “They’ve been the spearhead; they’ve been the vanguard. And I’m so thankful for heroes like Tara Hoot,” he said, adding, “It’s because they know what it means and how this is a safe place – the theater – for many LGBTQ people.”

Actress Lynda Carter speaks at the ‘Hands Off the Kennedy Center’ rally. (Washington Blade photo by Michael Key)
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