News
Utah calls on Supreme Court to halt same-sex marriages
Private attorney Monte Stewart listed as ‘counsel of record’ for the state
Utah Gov. Gary Herbert is calling on the U.S. Supreme Court to halt same-sex marriages in Utah (Photo public domain).
After nearly 11 days have passed with marriage equality in Utah, state officials on Tuesday formally made their request with the U.S. Supreme Court to halt same-sex marriages taking place in the state.
Attorneys for Utah officials — Gov. Gary Herbert (R) and newly sworn-in Attorney General Sean Reyes — filed the 26-page stay request with U.S. Associate Justice Sonia Sotomayor, who’s responsible for the Tenth Circuit.
“As a result of the district court’s injunction, numerous same-sex marriages are now occurring every day in Utah,” the request states. “And each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels…but also to this court’s unique role as final arbiter of the profoundly important constitutional question that is so carefully preserved in Windsor.”
Gay couples have started marrying in Utah since Dec. 20, when U.S. District Judge Robert Shelby ruled the 2004 state ban on same-sex marriage known as Amendment 3 was unconstitutional.
After appealing the decision to the U.S. Tenth Circuit Court of Appeals, state officials have made several stay requests to halt the same-sex marriages. Following decisions from the district court and the Tenth Circuit to deny the stay requests, state officials swore to take up the matter with the Supreme Court.
Now that the stay request is before the high court, Sotomayor has the option of referring the request to all of her colleagues on the bench, who would provide the final word on whether a stay would be granted on same-sex marriages.
However, if Sotomayor goes it alone and decides against the stay, Utah officials may select any justice on the Supreme Court — such as a justice with an anti-gay reputation like U.S. Associate Justice Antonin Scalia — and make a final attempt to request a stay.
Doug NeJaime, who’s gay and law professor at the University of California, Irvine, said he expects Sotomayor to refer the request to the entire court, but isn’t able make a prediction on what will happen.
“Even justices sympathetic to the cause of same-sex marriage may think that a stay makes sense so as not to rush a substantive resolution by the court,” NeJaime said. “Last term we saw that the Court was hoping to let the issue keep moving forward without settling it, but the Utah case puts the issue back before the court very soon after Windsor and Hollingsworth. It’s unclear what will happen, but there are likely some justices hoping to hold off on deciding the big question.”
According to SCOTUSblog, Sotomayor has already requested a response to the Utah stay application by noon on Friday. Until that time, the court won’t take action on the stay.
Beefing up their arguments in their initial requests, Utah officials base their request for a stay, among other reasons, on the likelihood the Supreme Court will take up the marriage issue and on the Supreme Court’s ruling against Section 3 of the Defense of Marriage Act.
“And if DOMA’s non-recognition was an impermissible ‘federal intrusion on state power’ to define marriage, surely there is at least a good prospect that a majority of this court will ultimately hold the district court’s far more intrusive order and injunction valid, and in so doing vindicate the prerogative of Utah and its citizenry to retain the traditional definition of marriage if they so choose,” the request states.
Utah officials also express concern for same-sex couples marrying in the Utah in the event that a ruling from a higher court would abrogate their unions, saying a stay is needed to “avoid needless injuries to same-sex couples and their families that would follow.”
According to the Salt Lake Tribune, more than 1,225 marriage licenses were issued in Utah in the first six days of marriage equality between Dec. 20 and Dec 26. Of those, at least 74 percent were issued to same-sex couples.
Twice in the stay request, Utah officials cite a 2012 report from Mark Regnerus as evidence for why same-sex parents aren’t as fit biological opposite-sex parents. That report has been debunked for failing to control for error.
James Magleby, an attorney at Magleby & Greenwood PC representing same-sex couples in the case, chided Utah state officials for pursing the stay on same-sex marriages.
“It doesn’t have to be this way,” Magleby said. “The State of Utah should carefully consider its other options, in particular the fiscally responsible decision by New Jersey Governor Chris Christie, to save his state from further legal expenditures and to put a divisive issue in the past, by deciding not to pursue an appeal from an analogous ruling.”
Utah state officials are calling on the Supreme Court to halt same-sex marriages as they’ve indicated they’re collaborating with outside counsel to the defend the marriage law. In a statement on its website last week, the attorney general’s office said it was putting off the stay request for a few days “[d]ue to the necessity of coordination with outside counsel.”
Consistent with what was reported earlier, the stay request indicates Monte Stewart, a private attorney with Stewart, Taylor & Morris and a history of advocacy against same-sex marriage, is listed as counsel of record for the state. A founder of Utah-based Marriage Law Foundation, Stewart has written numerous tracts in opposition to marriage equality, including a 2008 article in the Harvard Journal of Law & Public Policy titled, “Marriage Facts.”
According to the Deseret News, the cost for Utah to hire outside counsel to defend the state’s marriage law is expected to reach nearly $2 million. Moreover, state lawmakers support the decision to defend the law at that cost. House Speaker Becky Lockhart reportedly said after House leaders heard the projected cost from Reyes, they “felt comfortable telling him, ‘Move forward with what you think is in the best interest of the state.'”
Utah sources familiar with the decision to hire outside counsel say state officials are doing so because the attorney general is too fresh on the job and because the state wants an expert on the subject matter to defend the marriage law.
Fred Sainz, the Human Rights Campaign’s vice president of communications, said in a statement last week that hiring outside counsel to defend the marriage law would be a bad move for Utah.
“Defending discrimination is indefensible,” Sainz said. “Defending discrimination while spending millions of taxpayer dollars to do it is beyond explanation. It is an affront to all Utahans that their hard-earned tax dollars – money that should be going into schools, roads or health programs – will instead be used to cement the state on the wrong side of history.”
Eswatini
PEPFAR delivers first doses of groundbreaking HIV prevention drug to two African countries
Lenacapavir now available in Eswatini and Zambia.
The State Department on Tuesday announced PEPFAR has delivered the first doses of a groundbreaking HIV prevention drug to two African countries.
The lenacapavir doses arrived in Eswatini and Zambia.
The State Department in September unveiled an initiative with Gilead Sciences to bring lenacapavir “to market in high-burden HIV countries.”
Lenacapavir users inject the drug twice a year.
The State Department in its September announcement noted everyone who participated in Gilead’s clinical trials remained HIV negative. It also said lenacapavir “has the potential to be particularly helpful for pregnant and breastfeeding mothers, as it safely protects them during and after pregnancy to prevent mother-to-child transmission.”
“In our new America First Global Health Strategy, the Department of State is establishing a first-of-its-kind innovation fund to support American-led research, market-shaping, and other dynamic advancements in global health,” said PEPFAR on Tuesday in a press release.
“The arrivals of the first doses of lenacapavir in Eswatini and Zambia mark an important milestone in HIV prevention and reflect our commitment to supporting communities with the greatest need,” added Gilead CEO Daniel O’Day. “For the first time, a new HIV medicine is reaching communities in sub-Saharan Africa in the same year as its U.S. approval.”
The September announcement came against the backdrop of widespread criticism over the Trump-Vance administration’s reported plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to curtail services or even close because of U.S. funding cuts.
Local
Most D.C.-area cities receive highest score in HRC Equality Index
‘Record breaking’ 132 jurisdictions nationwide receive top ranking
The Human Rights Campaign Foundation on Nov. 18 released its 14th annual Municipal Equality Index report showing that a record number of 132 cities across the country, including nine in Virginia and seven in Maryland, received the highest score of 100 for their level of support for LGBTQ equality through laws, policies, and services.
Among the D.C.-area cities and municipalities receiving a perfect score of 100 were Alexandria, Arlington County, Fairfax County in Virginia and College Park, Bowie, Gaithersburg and Rockville in Maryland.
The city of Rehoboth Beach is listed as the only city or municipality in Delaware to receive a score of 100. Rehoboth city officials released a statement hailing the high score as a major achievement over the previous year’s score of 61, saying the improvement came through a partnership with the local LGBTQ advocacy and services group CAMP Rehoboth.
The HRC Foundation, which serves as the educational arm of the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, includes the District of Columbia in a separate State Equality Index rating system under the premise that D.C. should be treated as a state and receive full statehood status.
In its 2024 State Equality Index report, D.C. and 21 states, including Maryland, Virginia, and Delaware, were placed in the “highest rated category” called Working Toward Innovative Equality, which does not use a numerical score.
“The 2025 MEI shows a record breaking 132 cities scoring the highest possible marks on the index, representing a combined population of approximately 49 million people,” the HRC Foundation said in a statement announcing the 2025 report.
“This high-water mark is critical as pressure continues from states that pass laws and policies that seek to shut transgender people – particularly trans youth – out of public life,” the statement continues. It adds that many cities that have put in place trans supportive laws and policies, including health insurance benefits, “are in many cases no longer able to provide that coverage in a meaningful way as a result of discriminatory decisions made by state legislatures.”
The statement goes on to say, “However, more cities than ever are doing what the MEI characterizes as ‘testing the limits of restrictive state laws’ – pushing back against various checks on municipal power or discriminatory state laws – with nearly 70 cities doing so.”
The HRC statement notes that this year’s Municipal Equality Index rated a total of 506 cities. It says that number includes the 50 state capitals, the 200 largest cities in the U.S., the five largest cities or municipalities in each state, the cities that are home to the state’s two largest universities, and the 75 cities or municipalities that have high proportions of same-sex couples.
The report shows this year’s index rated 11 cities or municipalities in Virginia with the following rating scores: Alexandria, 100; Arlington County,100; Fairfax County, 100, Richmond, 100; Charlottesville, 100; Chesapeake, 80; Hampton, 100; Newport News, 100; Norfolk, 91, Roanoke, 100, and Virginia Beach, 100.
In Maryland a total of 10 cities were rated: Annapolis, 100; Baltimore, 100; Bowie, 68; College Park, 100; Columbia, 100; Frederick, 100; Gaithersburg, 100; Hagerstown, 75; Rockville, 100 and Towson in Baltimore County, 85.
A total of eight cities were rated in Delaware: Rehoboth Beach, 100; Bethany Beach, 51; Milford, 83; Dover, 69; Wilmington, 76; Newark, 72; Smyrna, 59; and Middletown, 64.
The full 2025 HRC Foundation Equality Index Report can be accessed at hrc.org.
Virginia
Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities
Voters approved Marshall-Newman Amendment in 2006
Democrats in the Virginia House of Delegates on Monday announced passage of a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman is among their 2026 legislative priorities.
State Del. Mark Sickles (D-Fairfax County) has introduced the resolution in the chamber. State Sen. Adam Ebbin (D-Alexandria) is the sponsor of an identical proposal in the state Senate.
Both men are gay.
Voters approved the Marshall-Newman Amendment in 2006.
Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin last year signed a bill that codified marriage equality in state law.
A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again this year.
Two successive legislatures must approve the resolution before it can go to the ballot.
Democrats on Election Day increased their majority in the House of Delegates. Their three statewide candidates — Gov.-elect Abigail Spanberger, Lt. Gov.-elect Ghazala Hashmi, and Attorney General-elect Jay Jones — will take office in January.
“Virginians elected the largest House Democratic Majority in nearly four decades because they trust us to fight for them and deliver real results,” said House Speaker Don Scott (D-Portsmouth) on Monday in a press release that announced his party’s legislative priorities. “These first bills honor that trust. Our agenda is focused on lowering costs, lifting wages, expanding opportunity, protecting Virginians rights, and ensuring fair representation as Donald Trump pushes Republican legislatures across the country to manipulate congressional maps for partisan gain. House Democrats are ready to meet this moment and deliver the progress Virginians expect.”
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Most D.C.-area cities receive highest score in HRC Equality Index
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