News
Supreme Court stays Utah same-sex marriages
Justices put an end to same-sex marriages in Beehive State as litigation continues


The U.S. Supreme Court has denied a stay on Utah same-sex marriages (Washington Blade file photo by Michael Key).
The U.S. Supreme Court approved on Monday a stay request on same-sex marriages in Utah, prohibiting gay couples from continuing to wed in the Beehive State as litigation proceeds throughout the courts.
According to the court order, justices ruled to grant the application of stay filed last week by attorneys for Utah Gov. Gary Herbert and Attorney General Sean Reyes in the case of Kitchen v. Reyes.
“The permanent injunction issued by the United States District Court for the District of Utah, case No. 2:13-cv-217, on December 20, 2013, is stayed pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit,” the order states.
The vote of the full court indicates U.S. Associate Justice Sonia Sotomayor, who’s response for stay requests in the Tenth Circuit, referred the matter to the entire to the entire court instead of deciding the issue for herself. How each justice voted on the matter isn’t disclosed, but at least five justices must have voted in the affirmative to grant a stay.
The district court that ruled in favor of marriage equality in Utah on Dec. 20 and the U.S. Tenth Circuit Court of Appeals had already denied stay requests from Utah. But as the highest court in the country, the U.S. Supreme Court has the final word on the stay, so same-sex couples have no further recourse in the matter.
State officials asked the Supreme Court to halt the same-sex marriage in Utah on the basis their continuation would cause financial harm to the state and the couples themselves if their unions were deemed invalid at at a later time. Private attorney Monte Stewart, a Utah-based lawyer and known opponent of same-sex marriage, had signed on to the brief as counsel of record.
Although the Supreme Court has granted the stay request, the litigation that brought marriage equality to Utah hasn’t been resolved and is pending before the Tenth Circuit.
The appellate court has agreed to take up the issue on an expedited basis. State officials’ opening brief must be filed by Jan. 27. The response from attorneys for gay couples is due Feb. 18, and state officials have a chance to respond to that filing by Feb. 25.
James Magleby, one of the attorneys at Magleby & Greenwood PC representing the three plaintiff couples in the lawsuit, said the decision by the Supreme Court was “obviously disappointing,” but predicted in the end the Tenth Circuit would bring justice to same-sex couples seeking to marry.
“This temporary stay has no bearing on who will win on appeal,” Magleby said. “We look forward to defending Judge Shelby’s decision in the Tenth Circuit. We were confident when we filed the case in 2013, we were confident when we presented the arguments to the district court, and we remain equally – if not more – confident about our defense of marriage equality before the Tenth Circuit.”
LGBT advocates also expressed disappointment with the decision by the Supreme Court, but said they believe it would be only temporary.
Chad Griffin, president of the Human Rights Campaign, said in a statement the stay in Utah same-sex marriages is “disappointing,” but predicted marriage equality would prevail in the end.
“We still live in two Americans where full equality is within reach in one, and another where even basic protections are non-existent,” Griffin said. “As the marriage equality map expands, history is on our side and we will not rest until where you live is not a barrier to living your dreams.”
John Mejia, legal director of the American Civil Liberties Union of Utah, said in a statement Utah should continue to recognize same-sex marriages already performed in the state as valid.
“The huge response that we have seen since the federal court’s ruling shows how important the freedom to marry is in the state of Utah,” Mejia said. “Though future marriages are on hold for now, the state should recognize as valid those marriages that have already been issued, and those couples should continue to be treated as married by the federal government.”
But at least one advocate against same-sex marriage was happy with the decision.
Brian Brown, president of the anti-gay National Organization for Marriage, praised the Supreme Court as he took a swipe at U.S. District Judge Robert Shelby for issuing the ruling in the first place.
“The actions of this activist judge are an affront to the rule of law and the sovereign rights of the people of Utah to define marriage,” Brown said. “Shelby has attempted to twist what the Supreme Court ruled in the Windsor decision – that states have the right to define marriage – and turn it into the exact opposite conclusion. It’s gratifying that the US Supreme Court has decided to stop this nonsense and allow the state of Utah the time to reverse it on appeal.”
Spain
Spanish women detail abuses suffered in Franco-era institutions
Barcelona-based photographer Luca Gaetano Pira created ‘Las Descarriadas’ exhibit

A Barcelona-based photographer, audiovisual artist, and activist has created an exhibit that profiles Spanish women who suffered abuse in institutions that Gen. Francisco Franco’s dictatorship established.
Luca Gaetano Pira, who is originally from Italy, spoke with women who the regime, which governed Spain from 1936-1975, sent to Women’s Protection Board institutions.
The regime in 1941 created the board the country’s Justice Ministry oversaw.
Franco named his wife, Carmen Polo, as the board’s honorary president. Then-Prime Minister Felipe González fully dissolved the board in 1985, a decade after Franco’s death.
Gaetano’s exhibit is called “Las Descarriadas” or “The Misguided Women” in English.
“These are women who were detained between 1941 and 1985 for reasons that are unthinkable today: being lesbian, poor, pregnant out of wedlock, rebellious, politically active … or simply considered ‘morally suspect,'” Gaetano noted to the Washington Blade.
Groups affiliated with the Spanish Catholic Church ran these institutions. Gaetano pointed out they were “presented as social assistance centers.”
“In reality, they were spaces of punishment and forced reeducation, where isolation, unpaid work, and psychological violence were the norm,” he said. “Many of the survivors are still alive. Their testimonies are powerful, urgent, and of extraordinary current relevance.”
The regime sent more than 40,000 women to Women’s Protection Board institutions.
“Despite its seemingly benevolent name, it was in fact one of the most powerful instruments of moral and social control over women during and after the dictatorship,” notes the exhibit. “Under the guise of care and re-education, this institution functioned as a repressive apparatus that punished women who deviated from the ideal feminine model imposed by Franco’s regime: submissive, obedient, married, and dedicated to motherhood within the Catholic family structure.”
The Spanish Catholic Church last month issued a public apology, but Gaetano described it as “very soft” and noted “the women did not accept it.” Gaetano also compared the Women’s Protection Board institutions to Ireland’s Magdalene Laundries.
The Associated Press notes tens of thousands of “fallen” women were sent to the laundries that Catholic nuns operated in Ireland from the 18th century until the mid-1990s. Then-Irish Prime Minister Edna Kenny in 2013 issued a formal apology for the abuses that women suffered in the laundries and announced the government would compensate them.
The Spanish government has yet to offer compensation to the women abused in Women’s Protection Board institutions.
“My work focuses on recovering the historical memory of marginalized communities, particularly through the portrayal of survivors of institutional violence and the use of archival materials,” Gaetano told the Blade, noting he has also sought to highlight the repression that LGBTQ people suffered during dictatorships in Portugal and Latin America.
Gaetano’s exhibit can be found here:
District of Columbia
Gay GOP group hosts Ernst, 3 House members — all of whom oppose Equality Act
Log Cabin, congressional guest speakers mum on June 25 event

U.S. Sen. Joni Ernst (R-Iowa) and three women Republican members of the U.S. House appeared as guest speakers at the June 25 meeting of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican group with that same name.
The U.S. House members who joined Ernst as guest speakers at the Log Cabin meeting were Celeste Maloy (R-Utah), Kat Cammack (R-Fla.), and Julia Letlow (R-La.).
Neither D.C. Log Cabin Republicans President Andrew Minik nor spokespersons for Ernst or the three congresswomen immediately responded to a request by the Washington Blade for comment on the GOP lawmakers’ appearance at an LGBTQ GOP group’s meeting.
“Please join us for an inspiring evening as we celebrate and recognize the bold leadership and accomplishments of Republican women in Congress,” a D.C Log Cabin announcement sent to its members states.
“This month’s meeting will highlight the efforts of the Republican Women’s Caucus and explore key issues such as the Protection of Women and Girls In Sports Act and the broader fight to preserve women’s spaces in society,” the message says.
It was referring to legislation pending in Congress calling for banning transgender women from participating in women’s sports events.
According to media reports, Ernst and the three congresswomen have expressed opposition to the Equality Act, the longstanding bill pending in Congress calling for prohibiting discrimination based on sexual orientation and gender identity in the areas of employment, housing, and public accommodations.
The Log Cabin announcement says the meeting was scheduled to take place at the Royal Sands Social Club, which is a restaurant and bar at 26 N St., S.E. in the city’s Navy Yard area.
D.C. Log Cabin member Stuart West, who attended the meeting, confirmed that Ernst and the three congresswomen showed up and spoke at the event.
“It was a good turnout,” he said. “I would definitely say probably 30 or 40 people attended.” West added, “Four women came to talk to a group of mostly gay men. That’s something you don’t see very often.”
District of Columbia
D.C. police seek public’s help in July 5 murder of trans woman
Relative disputes initial decision not to list case as hate crime

D.C. police are seeking help from the public in their investigation into the murder of a transgender woman who they say was shot to death at about 12:30 a.m. on Saturday, July 5, on the 2000 block of Benning Road, N.E.
But the police announcement of the fatal shooting and a police report obtained by the Washington Blade do not identify the victim, 28-year-old Daquane ‘Dream’ Johnson of Northeast D.C., as transgender. And the police report says the shooting is not currently listed as a suspected hate crime.
It was local transgender activists and one of Johnson’s family members, her aunt, who confirmed she was transgender and said information they obtained indicates the killing could have been a hate crime.
“On Saturday, July 5, at approximately 12:51 a.m., Sixth District officers were flagged down in the 2000 block of Benning Road, Northeast, for an unconscious female,” a July 5 D.C. police statement says. “Upon arrival, officers located an adult female victim suffering from gunshot wounds,” it says.
“D.C. Fire and EMS responded to the scene and transported the victim to a local hospital where after all lifesaving efforts failed and the victim was pronounced dead,” the statement says.
A separate police flyer with a photo of Johnson announces an award of $25,000 was being offered for information leading to the arrest and conviction of the person or persons responsible for the murder.
The flyer identifies D.C. police Homicide Detective Natasha Kennedy as being the lead investigator in the case and says anyone with information about the case should contact her at 202-380-6198.
Longtime D.C. transgender rights advocate Earline Budd told the Blade that one of the police investigators contacted her about the case and that she also spoke to Detective Kennedy. Budd said police confirmed to her that Johnson was a transgender woman.

One of Johnson’s family members, Vanna Terrell, who identified herself as Johnson’s aunt, told the Blade that Johnson used the first name of Dream and had planned to legally adopt that name instead of Daquane but had not gotten around to doing so.
Terrell said she and other family members learned more about the incident when one of two teenage high school students who knew Johnson’s brother contacted a friend and told the friend that they recognized Johnson as they witnessed the shooting. Terrell said the friend then called her to tell her what the friend learned from the two witnesses.
According to Terrell, the witnesses reportedly saw three men approach Johnson as Johnson walked along Benning Road and one of them called Johnson a derogatory name, leading Terrell to believe the men recognized Johnson as a transgender woman.
Terrell said one of the witnesses told the friend, who spoke to Terrell, that the man who shot Johnson kept shooting her until all of the bullets were fired. Budd, who said she spoke to Terrell, who also told her what the witnesses reported, said she believed the multiple shots fired by the shooter was an “overkill” that appears to have been a hate crime. Terrell said she too believes the murder was a hate crime.
In response to an inquiry from the Blade, Officer Ebony Major, a D.C. police spokesperson, stated in an email, “At this point there is nothing in the investigation that indicates the offense was motivated by hate or bias.”
Terrell said a memorial gathering to honor Johnson’s life was scheduled to be held Saturday, July 12, at River Terrace Park, which is located at 500 36th St., N.E. not far from where the shooting occurred.

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