News
Gay juror decision bodes well for marriage cases: experts
Ninth Circuit applies heightened scrutiny to laws related to sexual orientation
The Ninth Circuit Court of Appeals applied heightened scrutiny in ruling against discrimination against gay jurors (image via wikimedia).
A ruling handed down by a federal appeals court on Tuesday in favor of LGBT non-discrimination in jury selection bodes well for the success of marriage equality litigation, according to legal experts who spoke to the Washington Blade.
Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the decision is important in and of itself, but also because of its impact on the case pending before the same court against Nevada’s ban on same-sex marriage.
“The ruling will make it even more difficult for Nevada’s marriage law to withstand the current challenge to it because heightened scrutiny means that the government will have to identify an ‘important’ state interest if it wants to continue to exclude gay and lesbian couples from marriage,” Goldberg said.
On Tuesday, a three-judge panel on the U.S. Ninth Circuit Court of Appeals determined the trial judge erred in allowing one litigant to remove a juror because of his sexual orientation, remanding the case for a new trial.
The case — Glaxo Smith Kline v. Abbott Laboratories — is the result of antitrust, contracts and business tort claims filed against the company for quadrupling the price of its protease inhibitor booster drug used by people with HIV. During jury selection, Abbott used its first peremptory challenge to strike a prospective juror after learning he was gay.
Writing for the majority, U.S. District Judge Roy Reinhardt ruled that Abbott “unconstitutionally used a peremptory strike” to exclude Juror B from the case because of his sexual orientation, but goes further by saying the court must apply heightened scrutiny in its ruling in the wake of the U.S. Supreme Court decision against the Defense of Marriage Act.
“Windsor requires that when state action discriminates on the basis of sexual orientation, we must examine its actual purposes and carefully consider the resulting inequality to ensure that our most fundamental institutions neither send nor reinforce messages of stigma or second-class status,” Reinhardt writes. “In short, Windsor requires heightened scrutiny.”
It’s not the first time that an appellate court has applied heightened scrutiny, or a greater assumption a law is unconstitutional, when considering a case related to sexual orientation. The U.S. Second Circuit Court of Appeals applied that standard when ruling in favor of Edith Windsor in her case against DOMA before that lawsuit came before the Supreme Court.
Several federal district courts have made similar rulings, as have the state high courts of California, Iowa, Connecticut and New Mexico. The view that laws related to sexual orientation should be subject to heightened scrutiny is also shared by the Obama administration.
But the decision in the Ninth Circuit is significant because it creates precedent within that jurisdiction to apply heightened scrutiny in the numerous cases before it involving gay people and may encourage courts outside the circuit to do the same.
Doug NeJaime, a law professor at the University of California, Irvine, said the court application of heightened scrutiny to its decision “is very significant.”
“This Ninth Circuit ruling will likely encourage other courts to engage with the issue of whether Windsor suggests some heightened form of scrutiny,” NeJaime said. “More concretely, it will directly influence the challenge to Nevada’s marriage law currently before the Ninth Circuit; whether sexual orientation merits heightened scrutiny for federal equal protection purposes has been an issue throughout that case, and the district court had decided that it did not.”
Still, NeJaime said the Ninth Circuit’s decision to draw on the DOMA decision to apply heightened scrutiny “will likely be proven controversial” because U.S. Associate Justice Anthony Kennedy never explicitly invoked the level of scrutiny in his ruling.
The high-profile case involving sexual orientation before the Ninth Circuit is Sevick v. Sandoval, the challenge filed by Lambda Legal against Nevada’s ban on same-sex marriage.
Jon Davidson, Lambda’s legal director, said the ruling will have “a very significant impact” on the court’s examination of the Nevada marriage case.
“The Ninth Circuit’s ruling that sexual orientation discrimination must be given heightened scrutiny is further proof of the progress we are making in convincing courts that the Constitution affords LGBT people meaningful protections against government-imposed inequality,” Davidson said.
Opponents of the case, known as the Coalition for the Protection of Marriage, filed their brief before the Ninth Circuit on the same day as the jury selection ruling, arguing in an untimely manner that “there is no legal or factual basis for deploying ‘heightened scrutiny’ in this case.”
But the Nevada marriage case isn’t the only lawsuit pending before the Ninth Circuit. Other cases in the jurisdiction are the recently filed challenge against Arizona’s ban on same-sex marriage and the case against Oregon’s ban, which is currently before gay U.S. District Judge Michael McShane.
Additionally, the challenge against the Arizona law signed by Gov. Jan Brewer rescinding domestic partner benefits for gay state employees is also before the Ninth Circuit. The court’s use of heightened scrutiny in the juror case could influence the decision in any of these cases.
Davidson added the application of heightened scrutiny in the juror case also has implications on gay government workers seeking relief if they feel they’ve faced discrimination on the job.
“If any federal, state, or local government agency or official in any of the nine states in the Ninth Circuit discriminates against someone based on their sexual orientation, they will have the burden of demonstrating that their action substantially furthers an important and legitimate government goal,” Davidson said. “They will not be able to rely on hypothetical or after the fact justifications.”
Despite the celebration over the standard of review in the case, LGBT advocates are also celebrating the ruling in its own right for establishing non-discrimination against gay people in the juror selection process.
D’Arcy Kemnitz, executive director of the National LGBT Bar Association, commended the Ninth Circuit.
“Jury service is a fundamental civic duty,” Kemnitz said. “LGBT people are proud to serve the courts when summoned. While some might jest at jury duty, in fact the courts demand through a subpoena that a person suspends their usual daily activity to be part of the rule of law.”
Legislation known as the Jury ACCESS Act, which would institute a rule of non-discrimination for gay jurors in federal courts, is also pending before Congress. Last year, it was incorporated into the Senate version of the fiscal year 2014 financial services appropriations bill, but it’s technically no longer pending because Congress passed omnibus spending legislation instead.
Sen. Jeanne Shaheen (D-N.H.), chief sponsor of the legislation, commended the Ninth Circuit for issuing the ruling, but said more action is needed from Congress.
“There is no place for discrimination in our judicial system, and it should be the right and obligation of every citizen to sit on a jury,” Shaheen said. “The appellate court’s ruling is an important step, but I will continue working to make sure no American can be excluded from this important civil responsibility on the basis of their sexual orientation or gender identity.”
2026 Midterm Elections
As Washington shifts right, Democratic Socialists gain ground
Next major test for movement comes in Midwest
As President Donald Trump’s second administration has pushed the federal government further to the right on issues ranging from immigration to LGBTQ rights, a different political movement has been gaining momentum inside the Democratic Party.
From industrial communities in upstate New York to Colorado’s Front Range, candidates aligned with the Democratic Socialists of America (DSA) have won a series of victories in Democratic primaries this year, in several cases defeating longtime incumbents who had represented Democratic strongholds for years. Their success has reignited debate over the Democratic Party’s future, as a growing faction of progressive voters calls for a more confrontational approach to economic inequality, healthcare, housing, labor rights, climate policy, and LGBTQ protections rather than what they view as the party’s increasingly cautious establishment.
These victories also reflect a broader ideological divergence in American politics. While Republicans under Trump have embraced a more conservative governing agenda, many Democratic primary voters in safely blue districts appear to be rewarding candidates running on unapologetically progressive platforms that reject incremental change in favor of more sweeping reforms.
The Democratic Socialists of America (DSA), the nation’s largest socialist organization, says it has more than 100,000 members and chapters in all 50 states. The organization advocates what it describes as democratic socialism — promoting social and economic equality through democratic government while supporting a larger public role in healthcare, housing, labor protections, education, and other social programs alongside a regulated market economy.
On its website, the DSA explains its goals are to utilize “progressive movements for social change while establishing an openly democratic socialist presence in American communities and politics.”
For LGBTQ Americans, the organization has long supported expansive nondiscrimination protections, marriage equality, transgender rights, and broader legal protections through a platform first adopted in 2017. Its LGBTQ policy calls for federal legislation prohibiting discrimination, expanded access to gender-affirming healthcare, reproductive freedom, and opposition to laws targeting LGBTQ people.
The movement’s biggest victories came in New York.
Just months after the election of New York City Mayor Zohran Mamdani, a democratic socialist, candidates backed by the DSA and allied progressive organizations swept Democratic primary elections that many political observers viewed as a referendum on the party’s ideological direction.
Among the most notable victories were Brad Lander’s defeat of incumbent Rep. Dan Goldman in New York’s 10th Congressional District, Claire Valdez’s victory over Brooklyn Borough President Antonio Reynoso in the 7th District, and Darializa Avila Chevalier’s upset of five-term incumbent Rep. Adriano Espaillat in New York’s 13th Congressional District.
Overall, nine of the 10 New York City candidates backed by the DSA won their Democratic primaries, further cementing the organization’s growing influence in the nation’s largest city and demonstrating that democratic socialist candidates can compete beyond isolated local races.
Outside New York, the trend continued.
In Colorado, Melat Kiros defeated 15-term incumbent Rep. Diana DeGette in one of the cycle’s biggest primary upsets. Kiros campaigned without accepting corporate PAC contributions and criticized DeGette’s fundraising practices and foreign policy positions, presenting herself as an alternative to the Democratic establishment.
While socialist movements have existed in the United States for more than a century, democratic socialism remained largely on the political margins for decades. That began to change following Sen. Bernie Sanders’ presidential campaigns in 2016 and 2020, which introduced millions of Americans to democratic socialist ideas and energized a younger generation of progressive activists.
Although Sanders never won the Democratic nomination, his campaigns helped reshape the party’s left flank by elevating issues such as universal healthcare, tuition-free public college, stronger labor protections, and economic inequality into the mainstream Democratic conversation.
Today, the movement’s most recognizable elected officials include Rep. Alexandria Ocasio-Cortez and several members of the congressional “Squad,” who have helped normalize the democratic socialist label among younger Democratic voters and increasingly challenged party leadership from the left.
For LGBTQ voters, democratic socialist candidates have frequently positioned themselves among the Democratic Party’s strongest advocates for transgender rights, particularly as the Trump administration has sought to restrict access to gender-affirming healthcare, military service, and other legal protections for transgender Americans.
The next major test for the movement may come in the Midwest.
In Michigan, progressive candidate Abdul El-Sayed is locked in a closely watched Democratic Senate primary, while in Wisconsin, DSA-backed Francesca Hong is seeking her party’s nomination for governor. The outcomes of those races could offer another measure of whether democratic socialism’s recent gains represent a lasting realignment within the Democratic Party or are concentrated primarily in deep-blue urban districts.
Rehoboth Beach
Susan Stewart could make history as Rehoboth’s first openly gay mayor
Aug. 8 election features four candidates for top job
(Editor’s note: This is the first installment in a three-part series profiling the candidates for mayor of Rehoboth Beach, Del.: Commissioners Suzanne Goode, Susan Stewart, and Craig Thier; a fourth candidate, William Raak, filed to join the race but has not responded to Blade inquiries.)
Residents of Rehoboth Beach, Del. will elect a new mayor this summer after Stan Mills announced plans to retire after serving six years as mayor and 12 as a commissioner. One candidate who could make history is Commissioner Susan Stewart, who identifies as part of the LGBTQ community, a potential first for the town, which has never had an openly gay mayor.
Stewart is a current city commissioner for Rehoboth Beach and has served as a member of the Mixed-Use and Stormwater Utility Task Forces.
A Pennsylvania native who spent her adult life working in Washington, D.C., Stewart has owned a home in Rehoboth since 2013 with her partner of more than 20 years and began living there full time during COVID.
Stewart described her campaign as offering vision, leadership, and integrity. She has a background as an attorney and financial adviser.
She spoke about the work that she is doing as city commissioner that she would continue as mayor, specifically with Reimagine Rehoboth.
“I’ve been shepherding through a master planning initiative for the first time,” she said. “We’ve never really had an overall study with urban planners and transportation consultants.”
Stewart highlighted the upcoming ‘Charrette Week’ from July 13-17 when members of the community can learn about the city from urban planners and give their input on the planning initiative.
“We’ve got this natural beauty and we’ve got some things we can work on,” said Stewart. During ‘Charrette Week’, Stewart said that the community will also have the chance to rename ‘Reimagine Rehoboth’ due to the pushback it initially received.
“Getting the community engaged and united behind is the big goal,” said Stewart.
Stewart also mentioned that she is the liaison with Clear Space Theatre Company as it aims to build their own venue in town. She expressed hope in bringing this vision to fruition as she values the art and culture that the company brings to town.
“It hasn’t been lost on us that the Kennedy Center has sort of cut loose a lot of its patrons,” said Stewart.
Stewart also said she wants to increase age and racial diversity in Rehoboth through supporting the construction of more workforce housing.
“We don’t generally have [racial and age diversity] here. I wish we did,” said Stewart.
According to the 2024 census, the median age of Rehoboth in 2024 was 63 with 44% of the population being 65 and over. Additionally, 89% of the city’s population was reported to be white.
Stewart also said that she aims to maintain Delaware’s perfect score on the Human Rights Equality Index in 2025, which she credits to the work of the assistant city manager, Evan Miller, and CAMP Rehoboth for getting Rehoboth to be recognized.
“Rehoboth is a great place for our broader LGBTQ+ community,” said Stewart.
She also said that she is proud to support organizations like CAMP Rehoboth, which the city was able to give a grant to for the first time this year according to Stewart.
“The city and CAMP Rehoboth have such a productive and wonderful relationship.”
Stewart said that she wants CAMP to know that they are always welcome to reach out if they ever have issues that require help from the city.
“We’ll continue to have a very productive and warm relationship.”
The Blade also asked Stewart about her public disagreement with fellow City Commissioner and mayoral candidate Suzanne Goode in March of this year.
During a commissioners meeting on March 9, Stewart outlined allegations that Goode used derogatory language in emails, particularly toward City Manager Taylour Tedder.
“All of our emails are public information under FOIA. I simply asked the city to link them on the website, and then the city published a transcript of [Goode’s emails].”
Stewart said that she did this on behalf of the city’s employees such as Tedder: “We have a moral and legal obligation to support our employees.” She also said that this situation has escalated since the March 9 meeting.
At the meeting, Goode denied all of the allegations and said that they were based on falsehoods.
“The challenge with Suzanne Good is that she burns through so much time in a public hearing because she wants to talk about all these things in the past,” said Stewart.
If elected mayor, Stewart said that she would look into measures to help meetings run smoother and prevent disruptions such as turning off mics and moving public comment to the end of the meeting instead of the end of each topic.
“We want public input, but the people that come there for good reasons to talk about things that they need help with get drowned out by these disruptions.”
The election will take place on Aug. 8, from 10 a.m.-6 p.m. at the Rehoboth Beach Convention Center.
National
Madonna roundup: Reviews, sales, and love for ‘Danceteria’
Pop legend’s new album ‘Confessions II’ earning raves
Madonna isn’t just back, she’s ubiquitous.
From a Times Square takeover to Graham Norton’s couch, the pop legend is busy promoting her new album, “Confessions II,” a sequel to 2005’s “Confessions on a Dance Floor,” that is earning rave reviews.
“Madonna’s back in peak form with a fresh and honest dance record that’s not only her best in 20 years, but a genuinely vital addition to her canon,” says Pitchfork.
“Facing grief and loss has made Madonna’s music deeper than it’s been in 20 years, but also more alive,” the Guardian proclaims.
“If everyone in the club is a work of art, as ‘Danceteria’ says, then to live loudly is to make an indelible mark,” according to Vulture.
The album features upbeat dance productions along with some melancholic views on death and loss. On the song “Betrayal,” she reflects on the recent death of her stepmother Joan, singing, “You’ll never take my mother’s place … you betrayed me, you enslaved me.”
On “L.E.S. Girl,” she revisits her early days living on the Lower East Side and struggling to pay the rent. “Bizarre” seems to reference her failed 1980s marriage to actor Sean Penn. “Test” is a duet with daughter Lola Leon, in which she sings, “I wish I knew / The pain I’ve caused / My butterfly / Was always being watched.”
But the emotional high point of the album comes on “Fragile,” which she wrote about the death of her brother Christopher. The two were close early in Madonna’s career and he designed sets for early tours, including “Blonde Ambition.” But they had a falling out after her marriage to Guy Ritchie and he wrote a scathing tell-all book about his sister that led to years of estrangement. The two reconciled after Christopher’s cancer diagnosis and shortly before he died in 2024 at age 63. She sings, “Late last night I was fast asleep/You came to me in a dream/You said, ‘Don’t forget about me/Don’t forget to be happy.’”
Death emerges again but in a much more upbeat context in “Danceteria,” an ode to the iconic New York nightclub that has emerged as a gay favorite single and seems destined to be the song of the summer in queer nightlife. She recounts her pre-fame days trying to convince a DJ to play her first single “Everybody” at the club and name checks Jean-Michel Basquiat, Keith Haring, best friend Debi Mazar, and DJ Mark Kamins on the track.
Streaming numbers and sales are strong for the new album with projected first week sales of 100,000 ensuring a No.1 debut in the U.S.
As Washington shifts right, Democratic Socialists gain ground
Susan Stewart could make history as Rehoboth’s first openly gay mayor
Silky Nutmeg Ganache talks sex and dating, gender, politics, weight loss journey
Madonna roundup: Reviews, sales, and love for ‘Danceteria’
Three overlooked court rulings limited White House anti-trans policies
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‘My Favorite Sociopath’ debuts at Shepherdstown’s CATF
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In Trump’s divided America, Michael Weinstein’s AHF responds
