News
Gay couples sue Utah to recognize their marriages
ACLU files lawsuit on behalf of four couples who wed


Elenor Heyborne (on left) and Marina Gomberg; Matt Barazza, Tony Milner (left) and Jesse (center) are suing Utah to recognize their marriages. (Photos courtesy of the American Civil Liberties Union)
For Matt Barazza, government recognition of his marriage in Utah is important not only to him and his spouse, Tony Milner, but also to the four-year-old child whom they’ve raised since his birth.
After marrying in their home state of Utah on Dec. 20 — the first day same-sex marriage came to Utah — the couple submitted paperwork for a second-parent adoption of the child, Jesse, and received a hearing date of Jan. 10. But plans changed after Gov. Gary Herbert announced the state wouldn’t recognize Utah same-sex marriages in the wake of a stay on the weddings from the U.S. Supreme Court.
As a consequence, the judge presiding over the request for second-parent adoption pushed back the hearing to Jan. 31, and Barazza and Milner elected to join a proposed lawsuit by the American Civil Liberties Union to ensure Utah would recognize the more than 1,300 gay weddings performed in the state.
“That’s the primary reason for us filing the lawsuit at this point was to have the Utah courts make a decision and recognize that our marriage is legal, so that we can go forward with the second-parent adoption and try and get the protections that we can for our son,” Barazza told the Washington Blade on Monday.
While Barazza, 38, an attorney, and Milner, 33, a director of a non-profit that serves homeless families, are both raising Jesse in Salt Lake City, only Barazza is recognized as the adoptive parent because under Utah law, only one of the two was able to adopt the child. The couple also legally married in D.C. in 2010, but elected to do so again when same-sex marriage came to Utah so they could wed in their home state.
But with their marriage no longer recognized by Utah, Barazza said he lives in constant fear of what might happen because of the lack of legal recognition between his partner and their son.
“You fear the worst case scenario always,” Barazza said. “As the one who’s the legal parent, if anything were to happen to me, it would leave [Jesse] basically an orphan as far as the law is concerned…All that would be in spite of my husband Tony being there from Day One and being just as much a parent as I am.”
On Dec. 20, U.S. District Judge Robert Shelby ruled that Amendment 3, Utah’s ban on same-sex marriage, was unconstitutional as a result of a federal lawsuit seeking marriage equality, allowing gay couples to wed in the state immediately. But upon the request from the state, the U.S. Supreme Court placed a stay on the weddings on Jan. 9 pending appeal of the lawsuit. The next day, Herbert said the state wouldn’t recognize the same-sex marriages of couples that married in Utah before the stay was in place.
Although U.S. Attorney General Eric Holder would later announce the marriages would be recognized for federal purposes, as it stands now the couples will have to wait for the outcome of the federal lawsuit — which could take years — to find out whether the state will recognize their marriage.
Barazza and Milner are one of four couples seeking recognition of their marriage from Utah after having wed in the 18 days when same-sex marriages were legal there. The lawsuit was filed Tuesday in state court by the American Civil Liberties Union, the ACLU of Utah and the Salt Lake City-based firm Strindberg & Scholnick, LLC.
The 32-page complaint alleges Herbert’s decision not to recognize the marriages violates both the due process clause under Utah’s constitution and the Fourteenth Amendment to the U.S. Constitution. Additionally, it seeks relief under declaratory judgment and Rule 65B, which allows individuals in Utah to seek extraordinary relief against wrongful use of public authority.
“By placing recognition of their marriages ‘on hold,’ the State of Utah has placed the legal status of plaintiffs’ families, including their children, in legal limbo and created uncertainty as to their rights and status in virtually all areas of their lives,” the complaint states.
Joshua Block, a staff attorney with the ACLU’s LGBT project, said the goal of the lawsuit is to achieve a result similar to what the California Supreme Court decided after state voters in 2008 approved Proposition 8.
“What happened in Prop 8 is they said if you got married before the amendment went into effect, the marriages are valid and continue to be recognized in California, but no new marriages could happen,” Block said.
In addition to Barazza and Milner, the other plaintiff couples in the lawsuit are Marine Gomberg and Elenor Heyborne of Salt Lake City; JoNell Evans and Stacia Ireland of West Valley, Utah; and Donald Johnson and Fritz Schultz of Sandy, Utah.
After being together for nine years, Gomberg, 29, told the Blade she and Heyborne, 28, wanted to wed immediately on Dec. 20 upon learning that a court has instituted marriage equality in Utah. The couple held a commitment ceremony in 2009, but weren’t legally married until last month.
“There was a huge sense of immediacy because this was something we waited so long for, and we didn’t know how long the window would be,” Gomberg said.
Soon after, Heyborne, a state employee who works in communications, learned that Utah would no longer recognize their union and she sent a text message to Gomberg, who also works in communications, to inform her of the news.
“Obviously, this put all our hopes and dreams to have a kid on hold because the state of Utah doesn’t recognize same-sex adoption, so we would have to go out of state, establish residency somewhere, and then come back here,” Heyborne said. “When we got married, we kind of thought that that was a hoop we would not have to jump through now that we were legally married.”
Marty Carpenter, a Herbert spokesperson, said the governor is standing by his decision not to recognize the same-sex marriages performed in Utah.
“Gov. Herbert has said throughout this process that his responsibility is to follow the law,” Carpenter said. “That is exactly what the administration is doing and we respect the rights of those who disagree to take their grievances before a judge.”
Although state officials announced they’re not recognizing the marriage, the Utah Tax Commission issued guidance last week saying that same-sex couples married in 2013 can be recognized as such for tax purposes for that year if they filed federal returns as married.
Block said the new lawsuit is completely independent of the existing marriage equality lawsuit, known as Kitchen v. Herbert, which brought the same-sex marriages to the state and is pending before the U.S. Tenth Circuit Court of Appeals.
In the event that court or the U.S. Supreme Court rules that state bans on same-sex marriages like Amendment 3 are constitutional, Block said the outcome wouldn’t affect gay couples married in Utah if the new lawsuit succeeds because “they had vested rights that can’t be taken away just like if Prop 8 had been upheld as constitutional.”
“But then, even if Kitchen is affirmed on appeal,” Block added, “and the marriage amendments need to stop being enforced again, that doesn’t really solve the problem of legal implications of what happens over the course of people’s lives of the course of this year and next year until the Kitchen litigation comes to an end.”
Block was unable to predict the length of time it would take for the new lawsuit to be resolved, but noted the case was filed before state district court and said he expected requests soon for summary judgment before the Utah Supreme Court.
Each of the plaintiff couples that spoke to the Blade was optimistic about the lawsuit moving forward. Barazza said he’s “really confident” the lawsuit will succeed based on growing public support for marriage equality.
“Public opinion is going in that direction, and I think the courts are recognizing that,” Barazza said. “Also, just with the fundamental fairness and equality as being recognized under the Constitution, I think that is where the country’s headed.”
Block was also optimistic because he said Utah has “a long history” of protecting vested rights under its constitution, such as when the court rebuffed the state legislature’s attempt to change a person’s right to sue under tort law.
“That’s very similar to your legal obligations and rights that come with a marriage license and recognition,” Block said. “Once you got married, you accrued vested rights and all the legal implications of that marriage. And under those principles, I think this right is more important than all the other vested rights that have been protected.”

The College of Cardinals on Thursday elected Cardinal Robert Prevost from Chicago as the Catholic Church’s next pope.
Leo XIV’s election took place less than three weeks after Pope Francis died at Casa Santa Marta, his official residence at the Vatican. The conclave to choose his successor began on Wednesday.
Leo XIV, who was born in Chicago in 1955, is the first American pope.
Leo XIV was bishop of the Diocese of Chiclayo in Peru from 2015-2023. Francis made him a cardinal in 2023
“We salute the appointment of the new Pope Leo XVI,” said the U.S. Embassy in Peru on X.
“A celebration for the world’s Catholics, and a joy especially shared between the American people and the Peruvian people. From Chicago to Chiclayo.”
U.S. Rep. Robert Garcia (D-Calif.), a gay man of Peruvian descent, also congratulated Leo XIV.
“As a Catholic and Peruvian American, I wish Pope Leo XIV strength as he steps into his role as a global and spiritual leader,” said the California Democrat on X. “He has demonstrated that he believes in justice for the poor and immigrants. May his leadership reflect these ideals as he spreads peace across the world.”
As a Catholic and Peruvian American, I wish Pope Leo XIV strength as he steps into his role as a global and spiritual leader. He has demonstrated that he believes in justice for the poor and immigrants. May his leadership reflect these ideals as he spreads peace across the world.
— Congressman Robert Garcia (@RepRobertGarcia) May 8, 2025
Francis died on April 21 at Casa Santa Marta, his official residence at the Vatican. The conclave to choose the Argentine pontiff’s successor began on Wednesday.
The Vatican’s tone on LGBTQ and intersex issues softened under Francis’s papacy, even though church teachings on homosexuality did not change.
Francis, among other things, described laws that criminalize consensual same-sex sexual relations as “unjust” and supported civil unions for gays and lesbians. Transgender people were among those who greeted Francis’s coffin at Rome’s St. Mary Major Basilica before his burial on April 26.
The New York Times reported Leo XIV in a 2012 speech to bishops specifically cited “homosexual lifestyle” and “alternative families comprised of same-sex partners and their adopted children” when he said Western media and popular culture has promoted “sympathy for beliefs and practices that are at odds with the gospel”
Marianne Duddy-Burke, executive director of DignityUSA, a group that represents LGBTQ Catholics, traveled to Rome for the conclave.
She told the Washington Blade in a text message from St. Peter’s Square shortly after Leo XIV’s election that she “heard him speak” last October and “found him thoughtful and gently challenging.”
“[He] hasn’t said a lot since early 2010s. [I] hope he has evolved,” said Duddy-Burke. “His commitment to synodality is a hopeful sign.”
Her group later issued a statement.
“This election appears to signal a willingness to continue building on Pope Francis’s commitment to synodality and social justice,” said DignityUSA. “We pray that the needs of those whom our church has historically marginalized, including LGBTQ+ people and their families, will continue to be heard and addressed by the Vatican and other church leaders.”
Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement said there is “a special pride in having the first pope from the United States, his longtime ministry in Latin America most likely had an equally formative influence on his spirituality and approach to church issues.” DeBernardo, however, criticized Leo XIV’s 2012 comments.
“We pray that in the 13 years that have passed, 12 of which were under the papacy of Pope Francis, that his heart and mind have developed more progressively on LGBTQ+ issues, and we will take a wait-and-see attitude to see if that has happened,” he said.
“We pray that as our church transitions from 12 years of an historic papacy, Pope Leo XIV will continue the welcome and outreach to LGBTQ+ people which Pope Francis inaugurated,” added DeBernardo. “The healing that began with ‘Who am I to judge?’ needs to continue and grow to ‘Who am I, if not a friend to LGBTQ+ people?'”
DignityUSA agreed.
“We express concern with the former Cardinal’s statements — as reported in the New York Times — in a 2012 address to bishops, where he stated that Western news media and popular culture fostered ‘sympathy for beliefs and practices that are at odds with the gospel’ including the ‘homosexual lifestyle’ and ‘alternative families comprised of same-sex partners and their adopted children.'” We note that this statement was made during the papacy of Benedict XVI, when doctrinal adherence appeared to be expected,” said the organization in its statement. “In addition, the voices of LGBTQ people were rarely heard at that level of church leadership. We pray that Pope Leo XIV will demonstrate a willingness to listen and grow as he begins his new role as the leader of the global church.”
Vanuatu
Vanuatu lawmakers consider constitutional amendment to recognize two genders
Country decriminalized consensual same-sex sexual relations in 2007

Lawmakers in Vanuatu are considering an amendment to the country’s constitution that would recognize only two sexes: Male and female.
The Vanuatu Daily Post in an April 23 article quoted Vanuatu Christian Council Chair Collin Keleb, a pastor with the Presbyterian Church of Vanuatu, said the country “cannot allow someone from outside to influence or empower them (the LGBTQ community), which will cause them to go astray instead of maintaining and uniting ourselves as children of God.”
The country’s Council of Ministers has approved the proposed amendment. The Vanuatu Daily Post notes the government has said the measure would “align the country’s laws with the preambles of ‘Melanesian values and Christian principles’ upon which Vanuatu was founded.”
Vanuatu is an island country in the South Pacific that is located roughly 1,100 miles northeast of Australia’s Queensland state.
Consensual same-sex sexual relations have been decriminalized in Vanuatu since 2007.
It remains unclear when the proposed amendment will receive final approval.
Virginia
Va. officials investigate Loudoun County schools over trans student in locker room
Boys’ complaints prompted LCPS to investigate them for Title IX violations

Governor Glenn Youngkin and Attorney General Jason Miyares on Tuesday announced they have launched an investigation into how Loudoun County Public Schools has handled the case of three male high school students who complained about a transgender student in a boys’ locker room.
One of the boys’ fathers told WJLA that Loudoun County public schools launched an investigation into whether his son and the two other boys sexually harassed the student after they said they felt uncomfortable with her in the locker room at Stone Bridge High School in Ashburn.
“He was questioning why there was a female in the males’ locker room,” the father told WJLA. “And other boys were uncomfortable [with a female in the boys’ locker room].”
“There were other boys asking the same question,” he added. “They [LCPS] created a very uncomfortable situation. They’re young, they’re 15 years old. They’re expressing their opinions, and now they’re being targeted for expressing those opinions.”
WJLA notes Loudoun County public schools allows students to use bathrooms and locker rooms based on their gender identity. The father who spoke with WJLA said Loudoun County public schools should reverse the policy and dismiss the Title IX complaint it has brought against his son and the two other boys.
The Richmond-based Founding Freedoms Law Center is representing the boys and their families.
“It’s deeply concerning to read reports of yet another incident in Loudoun County schools where members of the opposite sex are violating the privacy of students in locker rooms,” said Youngkin in a statement that announced the investigation. “Even more alarming, the victims of this violation are the ones being investigated — this is beyond belief. I’ve asked Attorney General Miyares to investigate this situation immediately so that every student’s privacy, dignity, and safety are upheld.”
“Students who express legitimate concerns about sharing locker rooms with individuals of the opposite biological sex should not be subjected to harassment or discrimination claims,” added the Republican.
The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.
The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”
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