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Supreme Court urged to deny stay on Utah same-sex marriages

Attorneys argue stay would impose ‘intolerable and dehumanizing burden’ on gay couples

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Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade
Mormon, marriage equality, same-sex marriage, gay marriage, Utah, gay news, Washington Blade

Attorneys for gay couples are urging the Supreme Court to reject a stay on Utah same-sex marriages (Washington Blade photo by Michael Key).

Gay couples should be able to continue to wed to Utah because the imposition of stay on their marriages would cause them “undisputed, irreparable harm,” attorneys for three same-sex couples wrote Friday in a filing to the U.S. Supreme Court.

The 40-page brief, which was filed in response to the stay request from Utah state officials to the Supreme Court, lays out the case for why halting same-sex marriages as litigation proceeds through the courts would cause harm.

“Forcing same-sex couples and their families to wait and hope for the best during the pendency of this appeal imposes an intolerable and dehumanizing burden that no family should have to endure,” the filing states.

The brief is signed by James Magleby, one of the attorneys at Magleby & Greenwood PC representing the three same-sex couples who are either seeking to marry in Utah or have the state recognize their marriage.

Gay couples have been able to wed in Utah since Dec. 20, when U.S. District Judge Robert Shelby ruled the state’s 2004 ban on same-sex marriage, known as Amendment 3, was unconstitutional. State officials didn’t make a stay request until after the ruling was handed down, and afterward both the district court and the U.S. Tenth Circuit Court of Appeals rejected requests for a stay.

After their stay requests were denied by lower courts attorneys for Utah Gov. Gary Herbert and Attorney General Sean Reyes issued a stay request this week before the U.S. Supreme Court.

Although the high court is expected to take up on the issue of marriage equality at some point in the future, Magleby writes that the Supreme Court may not necessarily take up this case once the Tenth Circuit issues its ruling.

“The constitutional issues presented in this case plainly are of great importance; however, currently there are more than twenty-five state and federal lawsuits, in at least 15 states, challenging state laws barring marriage by same-sex couples on federal constitutional grounds,” Magleby writes. “Therefore, while it is certainly possible the court ‘could’ grant certiorari in this case, Applicants cannot show that it ‘very likely would’ do so.”

The stay request is pending before U.S. Associate Justice Sonia Sotomayor, who has jurisdiction for stay requests over the Tenth Circuit. She 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.

There’s no set time for when the court needs to render a decision, although an order is expected soon.

If Sotomayor goes it alone and decides against the stay, Utah officials may select any justice on the Supreme Court ā€” such as a justice with an anti-gay reputation like U.S. Associate Justice Antonin Scalia ā€” and make a final attempt to request a stay.

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India

Indian election heats up

Transgender issues are among those being discussed

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Barkha Trehan (Photo courtesy of Barkha Trehan)

Amid heatwaves in the Indian capital of New Delhi, the world’s biggest election is raising the temperature even higher.

The temperature in the Indian capital on the morning of April 18 reached 107 degrees, and the sun blazed like a furnace. In the political corridors, however, the sweat wasn’t just from the heat, but from the fervent preparation for and in anticipation of the election results.

The Bharatiya Janata Party, the current ruling party,Ā aggressivelyĀ prepared for the 2024 general election months agoĀ butĀ theĀ other regional and national parties still seem to be preparing while the election has started in the country.Ā 

The Washington Blade traveled to New Delhi and witnessed the political party’s campaign and preparations.Ā 

Home Minister Amit Shah, representing the BJP, was aggressively campaigning in Ahmedabad and Gandhinagar in Gujarat state. BJP National President Jagat Prakash Nadda was campaigning in Assam state.

The Blade interviewed Barkha Trehan, a political activist in New Delhi. She said that while various political parties in India address transgender and women’s issues in their campaign rhetoric, the Indian National Congress fails to translate its promises into action at the grassroots level.

“Political parties, especially the Congress party in the country, have talked and written enough in their election manifesto, but in last many years they have done nothing,” Barkha told the Blade. “In the last 10 years, we have seen that whatever Bharatiya Janata Party (BJP) says or has written in their election manifesto, we have seen that work done on the ground level. Let’s say it is a women’s issue or transgender community issue, or any other issues like infrastructure issues, everything is visible.”

Barkha said that discussing an issue and taking tangible action on it are distinct endeavors. 

She emphasized the BJP’s efforts at the grassroots level, whether concerning trans issues or other matters, deserve recognition. The BJP, according to her, has undertaken numerous initiatives for the trans community that skill development programs and providing loans for startups.

“BJP wants to work for all without any discrimination,” Barkha told the Blade. “They want to create a good image of our country in the world, but the Congress party always pulls down the fame. They always go abroad and discredit the country by talking negative all the time. They think this is the only way to win election in India, but this won’t work out for them.”

Talking about trans issues, Barkha said Prime Minister Narendra Modi has met people from the trans community. She told the BladeĀ that he is trying to motivate the trans community to take advantage of employment opportunities.Ā 

“Before Modi, nobody used to look at the transgender community,” said Barkha. “No one used to talk about them. When the prime minister’s video went viral on the internet and television while he had a conversation with the transgender community, other people started and felt inspired to work for the transgender community and talk to them.” 

indian prime minister narendra modi speaks with a transgender business owner

Barkha told the Blade these things send a message to the trans community that there are people who are listening and who will always stand by it.Ā 

She noted the trans community has always faced discrimination, neglect, and abuse in India.Ā This political outreach, according to Barkha,Ā sends a strong message that the trans community is as important as anyoneĀ else,Ā they have the same value as any other citizens in the country, and they deserve a better life. She told the Blade trans people can make money when they can learn new skills, and they will have self-confidence and self-respect when they can earn a living.

Discrimination based on gender identity remains commonplace in India

India’s trans community has suffered discrimination for many years.

An openDemocracy report notes 80 percent of trans Indians are either engaged in sex work or begging. India in 2019 passed a law, Transgender Persons (Protection of Rights) Act, with aims to protect the rights of trans people, their welfare, and matters connected therewith and incidental thereto. 

The Indian government and BJP in 2022 came up with a socialist scheme for trans people. Support for Marginalized Individuals for Livelihood and Enterprise is a program to support trans people who are engaged in begging. It provides them access to medical facilities, counseling, education, skill development, and economic linkages with the support of state governments and local urban bodies along with volunteer and community-based organizations.Ā 

The Congress in Telangana stateĀ was recently accusedĀ of disrespecting the trans community when Revanth Reddy,Ā theĀ Congress party’s sitting chief minister, sent anti-trans slurs that targeted the state’s opposition party.

The BladeĀ reached out toĀ the Congress party’s office in New Delhi, but it denied the interview request.

BJP’s position on LGBTQ issues questioned

The Blade while in New Delhi also visited the Aam Aadmi Party’s headquarters.

Despite the scorching sun overhead, Delhi residents sought refuge from the sweltering temperatures. The Blade, amid the election fervor and campaign hustle, interviewed Aam Aadmi PartyĀ spokesperson Preeti Sharma Menon.Ā SheĀ said the BJP is regressive and seeks to intrude into a person’s bedroom, dietary choices, and other aspects of their personal lives.

“If BJP comes back to power, the party will keep doing what it is doing now, not supporting LGBTQ rights,” said Menon. “I think, there is no doubt in the LGBTQ community that one cannot have BJP in power and live safely. If we want to give equal rights to every citizen of this country, then only the Indian National Developmental Inclusive Alliance is the only chance.”

She said the Aam Aadmi Party always tries to give LGBTQ people a chance, but the party in this general election has few seats (in parliament) for which to fight because it is part of the opposition alliance.

“We always think if you want the change, the LGBTQ community must have a representation in the parliament,” said Menon. “So, we always try to make LGBTQ community in the country politically active.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached atĀ [email protected]. He is on Twitter at @mohitkopinion.Ā 

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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Africa

Senegalese NGO claims new president discussed LGBTQ rights with top EU official

Jamra Ong Islamique demands government expedite anti-LGBTQ law

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Senegalese President Bassirou Diomaye Faye (Screen capture via Reuters/YouTube)

A Senegalese NGO has called on the government to expedite the process of enacting an anti-LGBTQ law after the country’s new president met with a top EU official.

Jamra Ong Islamique made the call during a press conference last Wednesday after newly elected Senegalese President Bassirou Diomaye Faye met with European Council President Charles Michel.

Mamae Makhtar Gueye of Jamra Ong Islamique claimed the meeting between the two dignitaries involved an acknowledgment of LGBTQ rights in Senegal. Gueye said Michel is an LGBTQ ally who wants to change Senegal’s cultural customs that do not condone LGBTQ rights.

“His ardent proselytism for the expansion of LGBT ideology could not leave Jamra indifferent,” said Gueye. “Countries including Gabon, Central African Republic, and Mauritius, amongst others, that underestimated the nuisance of these propagandists of homosexuality paid dearly for it because these global lobbyists ended up legalizing this abomination, so beware.”Ā 

Gueye, however, has received a lot of backlash and has been accused of not raising the same sentiments during the tenure of former President Macky Sall, who also met with Michel.

“Did he come as a defender of the LGBT cause or as a European official? Did he come to talk about LGBT rights or partnership agreement between the European Union and Senegal?,” asked Ahmadou Diaw, a Senegalese academic. “Mr. Gueye should know when to alert and when to shut up.”

Cheikh MaĆÆ Niang, a social commentator, described Jamra as a “useless organization” that is focused on restricting the freedom of the Senegalese people.

“They are absolutely good for nothing apart from eating the taxpayer’s money,” said Niang. “Where is the democracy we cry about everyday? Seems like they are here to restrict the freedom of the Senegalese people.”

“Not everyone is interested in religion,” added Niang. “We wasted too much time with these useless things. Let’s talk about developing the country. People should live their lives in the manner they want.”

Jamra has previously made proclamations against the LGBTQ community.

The organization in February ā€” before Senegal’s presidential election that took place on March 24 ā€” accused the EU Electoral Observation Mission to Senegal of wanting to indoctrinate Senegalese people with their pro-LGBTQ narrative.

Senegal does not have a law that specifically criminalizes those who identify as LGBTQ or advocate for them. Article 319 of the country’s penal code criminalizes consensual same-sex sexual relations with a fine and between one and five years in prison.

Some Senegalese lawmakers have sought to increase the prison sentence to 10 years for anyone convicted of engaging in homosexuality. These efforts thus far have not been successful.

Samm Jikko Yi (Together for the Safeguarding of Values), an Islamic lobby group that includes many organizations, in 2022 organized an anti-LGBTQ demonstration in Dakar, the country’s capital. Protesters called for harsher penalties for Senegalese who identify as LGBTQ and/or advocate for LGBTQ rights.

The Washington Blade in 2022 noted LGBTQ people have suffered physical and sexual abuse while in prison.

Senegal’s deep religious roots, which are largely Islamic, have contributed to the lack of tolerance of LGBTQ people in the country. This reality has prompted LGBTQ Senegalese to either flee the country or remain in the closet.

Media reports indicate there are fewer bars, clubs and other places where LGBTQ people can freely socialize.

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