News
Nevada AG invokes bigamy, incest to defend marriage ban
State interest is ‘to protect and perpetuate traditional marriage’
Ask the attorney general of Nevada about the definition of marriage, and she’ll tell you it doesn’t include the union of a same-sex couple. But in the same breath, she’ll tell you it also doesn’t include incest or bigamy either.
In a 55-page brief filed on Tuesday, Nevada Attorney General Catherine Cortez Masto urges the U.S. Ninth Circuit Court of Appeals to uphold the state’s constitutional ban on same-sex marriage on the basis that it reflects the will of the people.
“The interest of the State in defining marriage in this manner is motivated by the state’s desire to protect and perpetuate traditional marriage,” Masto writes. “In establishing this criterion and others — e.g., age, consanguinity, unmarried status, etc. — the state exercises its prerogative as a State, and that exercise is entitled to respect.”
But in a section titled “Marriage Defined” explaining “what marriage is” and “what marriage is not,” Masto reminds the court that in addition to not being for same-sex couples under Nevada law, marriage is also not for those engaging in bigamy or incest.
The invocation of bigamy and incest in Nevada’s brief before the Ninth Circuit recalls the first legal brief the Obama administration filed in support of the Defense of Marriage Act when it was still defending the law in court. That brief invoked bigamy and pedophilia to assert the constitutionality of the ban on federal recognition of same-sex marriage, which riled LGBT advocates.
Evan Wolfson, president of Freedom to Marry, took Masto to task for making an implicit comparison between same-sex marriage and bigamy or incest while saying she makes no solid argument against allowing gay nuptials in Nevada.
“Marriage is not ‘defined’ by who is denied it, and nothing in the brief explains why loving and committed couples of the same sex should be denied the legal commitment and bundle of obligations and protections that are available to different-sex couples,” Wolfson said. “To invoke bigamy and incest, as the attorney general does — at least she stopped short of bestiality! — doesn’t supply an explanation; it makes clear that the state has nothing to offer to justify the discrimination against same-sex couples in Nevada.
But Wolfson said he concurs with another argument within the attorney general’s brief: domestic partnerships, which are permitted under Nevada law, aren’t equivalent to and don’t provide a substitute for marriage.
The brief was filed in the case of Sevcik v. Sandoval, a challenge filed by Lambda Legal against Nevada’s ban on same-sex marriage in 2012.
Jon Davidson, Lambda’s legal director, said “of course, we find any such comparison objectionable” between same-sex marriage and bigamy or incest. The organization is slated to file its formal response to the attorney general’s brief next month.
Masto is a Democrat and has served in the role of attorney general for Nevada since 2007. Other Democrats holding the office in other states — most recently Virginia Attorney General Mark Herring — have elected not to defend marriage bans in the state on the basis that they’re unconstitutional.
Notably, Masto argues at length that the Ninth Circuit shouldn’t apply heightened scrutiny, or a greater assumption a law is unconstitutional, to the ban on same-sex marriage. That argument is somewhat dated after the Ninth Circuit on Tuesday applied heightened scrutiny in ruling that a juror cannot be excluded from a trial based on sexual orientation — a decision that will have precedent in the marriage case.
“Under an objective application of due process and equal protection analyses, there is no basis for heightened review of the State’s purpose in defining marriage by its traditional meaning,” Masto writes. “There exists neither fundamental right, nor suspect or quasi- suspect class, justifying a different standard of review.”
But the invocation of bigamy and incest isn’t the only part of the brief that is raising concerns among LGBT advocates.
Responding to the various friend-of-the-court briefs filed in the case on behalf of same-sex marriage, Masto takes issue with the way some say marriage is about children and others say it isn’t.
“There is some irony in the inconsistency in certain arguments made by amici,” Masto writes. “A brief by the Family Equality Council, et al., posits that the policy issue is primarily about children, presenting ‘testimonials from the children raised in such families [those with same-sex parents].’ In a separate brief, Family Law Professors (who are ‘scholars of family law’) argue that marriage is not about children.”
Masto concludes these divergent views on the role of children in marriage serve to “reinforce the conclusion that the state’s legislature is the democratic crucible where the issues should be debated and decided.”
Emily Hecht-McGowan, the Family Equality Council’s director of public policy, slammed the attorney general for her interpretation of its brief in favor of marriage equality.
“The Attorney General is missing the primary point of our Voices of Children brief, which is not that marriage is primarily about children but rather that the denial of marriage equality fundamentally harms children being raised by same-sex couples by rendering them and their families second-class citizens,” Hecht-McGowan said. “We trust that the Justices reading our brief and hearing oral arguments will reach the same conclusion that Justice Kennedy reached in his majority opinion in U.S. v. Windsor — that laws denying marriage recognition to same-sex couples ‘humiliate children’ and are a violation of equal protection under the law.”
Politics
Pro-trans candidates triumph despite millions in transphobic ads
Election results a potential blueprint for 2026 campaigns
Activists and political observers say the major Democratic victories on the East Coast last week prove anti-transgender attacks are no longer effective.
Democrats in Virginia, New Jersey, and New York who defended transgender rights directly — Abigail Spanberger, Mikie Sherrill, and Zohran Mamdani — won decisively, while Republicans who invested millions in anti-trans fearmongering were rejected by voters.
This contrasts sharply with the messaging coming out of the White House.
The Trump-Vance administration has pursued a hardline anti-trans agenda since taking office, from attempting to ban trans military members from serving to enforcing bathroom and sports bans. But this winning strategy may not be as solid for their voters as it once seemed.
The Washington Blade attended a post-election meeting hosted by the Human Rights Campaign, where LGBTQ advocates and political leaders reflected on the results and discussed how to build on the momentum heading into 2026 — as the Trump-Vance administration doubles down on its anti-trans agenda.
Among those on the call was U.S. Rep. Sarah McBride (D-Del.), the first openly trans person ever elected to Congress. Having run one of the nation’s most visible pro-trans campaigns, McBride said voters made their priorities clear.
“Voters made clear yesterday that they will reject campaigns built on hatred. They will reject campaigns that seek to divide us, and they will reject candidates that offer no solutions for the cost-of-living crisis this country is facing.”
McBride cited the Virginia governor’s race as a clear example of how a candidate can uplift trans people — specifically when their opponent is targeting kids — but also refocus the conversation on topics Americans truly care about: the economy, tariffs, mortgage rates, and the preservation of democracy.
“We saw millions of dollars in anti-trans attacks in Virginia, but we saw Governor-elect Spanberger respond. She defended her trans constituents, met voters with respect and grace, and ran a campaign that opened hearts and changed minds,” McBride said.
“That is the future of our politics. That is how we win — by combating misinformation, caricatures, fearmongering, and scapegoating.”
She added that the elections in Virginia, New Jersey, and New York offer a “blueprint” for how Democrats can effectively respond to GOP attacks and win “in the face of hatred.”
“When you dive into the data and you look in New Jersey, Virginia — you see the progress that pro-equality candidates have made in urban, suburban, and rural communities, among voters of every background and identity,” McBride said. “You see that we can compete everywhere … When we perform a politics that’s rooted in three concepts, we win.
“One is a politics of affordability — we prioritize the issues keeping voters up at night, the cost-of-living crisis. Two, we are curious, not judgmental — as candidates, we meet people where they are, hold true to our values, but extend grace so people can grow. And three, we root our politics in a sense of place.”
“All of these candidates were deeply committed to their districts, to their state, to their city,” she continued. “Voters responded because they were able to see a politics that transcended partisanship and ideology … about building community with one another, across our disagreements and our differences. When we as pro-equality candidates embody that type of politics — a politics of affordability, curiosity, and community — we win.”
Human Rights Campaign President Kelley Robinson echoed McBride’s sentiment — once again moving away from the bogeyman Republicans have made trans children out to be and refocusing on politics that matter to people’s everyday lives.
“Anti-trans extremists poured millions into fearmongering, hoping cruelty could substitute for leadership — and once again, it failed,” Robinson said. “Fear can’t fill a prescription. Division doesn’t lower rent or put food on the table. Voters saw through the distraction.”
Robinson then detailed how much money Virginia Lt. Gov. Winsome Earle-Sears, the Republican who challenged Spanberger, spent on these ads — showing that even with money and a PAC standing behind her (like the Republican Governors Association’s Right Direction PAC, which gave her $9.5 million), success isn’t possible without a message that connects with constituents.
“In Virginia, Abigail Spanberger made history defeating Winsome Earle-Sears and more than $9 million of anti-trans attack ads. She didn’t flinch. She didn’t hide from her values. She led with them — and Virginians rewarded that courage.”
Equality Virginia Executive Director Narissa Rahaman went into further detail on how the Republican nominee for Virginia’s governor leaned into transphobia.
“Winsome Earle-Sears spent more than 60 percent of her paid media budget attacking transgender kids — an unprecedented amount — and it failed.”
Rahaman continued, saying the results send a message to the whole country, noting that only 3 percent of voters ranked trans issues as a top concern by the end of October.
“Virginia voters sent a resounding message that anti-trans fearmongering is not a winning strategy — not here in Virginia, and not anywhere else,” Rahaman said. “Candidates who met these attacks head-on with messages rooted in freedom, safety, and fairness saw overwhelming success. Attacking transgender youth is not a path to power. It is a moral dead end — and a political one too.”
Virginia state Del. Joshua Cole (D-Fredericksburg), who was also on the call, put it bluntly:
“Republicans have now become champions of campaigning on bullying kids — and we saw last night that that was a losing tactic.”
“Virginians came out en masse to say we believe in protecting our neighbors, protecting our friends — and standing up for everybody.”
That message rang true well beyond Virginia.
In New Jersey, Rep. Mikie Sherrill pushed back against GOP efforts to weaponize trans issues, telling voters, “When you really talk to people, they have empathy. They understand these are kids, these are families, and they deserve our support.”
And in New York, state Assemblymember Zohran Mamdani released a pre-election ad honoring trans liberation icon Sylvia Rivera, declaring, “New York will not sit idly by while trans people are attacked.”
President Donald Trump on Wednesday signed a bill that reopens the federal government.
Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.
The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.
These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.
None of the senators who supported the deal are up for reelection.
King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)
The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.
This story is being updated as more information becomes available.
Maryland
Salisbury, Md. rainbow crosswalk removed on Veterans Day
Mayor’s order denounced by LGBTQ activists as act of bigotry
Under the directive of its mayor and over strong objections from LGBTQ rights advocates and their supporters, the city of Salisbury, Md. on Nov. 11 removed a rainbow crosswalk from a prominent intersection across from the mayor’s office and the city’s public library.
Salisbury LGBTQ rights advocate Mark DeLancey, who witnessed the crosswalk removal, said instead of painting over it as other cities have done in removing rainbow crosswalks, a powerful grinding machine was used to rip apart the asphalt pavement under the crosswalk in what he believes was an effort by the mayor to “make a point.”
Like officials in other locations that have removed rainbow crosswalks, Salisbury Mayor Randy Taylor said the crosswalk removal was required under U.S. Department of Transportation regulations put in place by the Trump administration that do not allow “political” messages on streets and roadways.
“Since taking office, I’ve been transparent about my concerns regarding the Pride crosswalks installed in Downtown Salisbury,” Taylor said in a statement. “While I have made every effort to respect the decisions of previous administrations and the folks that supported them, it has become clear that a course of correction – as planned – is necessary to align with current Department of Transportation standards for roadway markings,” he said in his Nov. 7 statement that was posted on the city’s Facebook page.
DeLancey is among the activists and local public officials in many cities and states that dispute that the federal Department of Transportation has legal authority to ban the Pride crosswalks. D.C. and the Northern Virginia jurisdictions of Arlington and Alexandria are among the localities that have refused to remove rainbow crosswalks from their streets.
“He decided to take this on himself,” DeLancey said of Taylor’s action. “It’s not a law. It’s not a ruling of any kind. He just said that was something that should happen.”
DeLancey points out that Salisbury became the first jurisdiction in Maryland to install a rainbow crosswalk on a public street in September 2018.
“This is another blatant attempt by our Republican mayor to remove any references to groups that don’t fit with his agenda,” Salisbury LGBTQ advocate Megan Pomeroy told the local publication Watershed Observer. “The rainbow crosswalk represents acceptance for everyone. It tells them, ‘You matter. You are valued. You are welcome here,’” she was quoted as saying.
The publication Delmarva Now reports that a longtime Salisbury straight ally to the LGBTQ community named K.T. Tuminello staged a one-person protest on Nov. 10 by sitting on the sidewalk next to the rainbow crosswalk holding a sign opposing its removal.
“Tuminello said Nov. 10 he had been at the embattled crosswalk since 12 a.m. that morning, and only three things could make him leave: ‘I get arrested, I have to get into an ambulance because of my medical difficulties, or Randy Taylor says you can keep that one rainbow crosswalk,’” the Delaware Now article states.
DeLancey said he has known Tuminello for many years as an LGBTQ ally and saw him on the night he staged his sit-in at the site of the crosswalk.
“I actually went to him last night trying to give him some water,” DeLancey told the Washington Blade. “He was on a hunger strike as well. He was there for a total of 40 hours on strike, not eating, no sleeping in the freezing cold”
Added DeLancey, “He has been supporting our community for decades. And he is a very strong ally, and we love his contribution very much.”
Political observers have pointed out that Salisbury for many years has been a progressive small city surrounded by some of Maryland’s more conservative areas with mostly progressive elected officials.
They point out that Taylor, a Trump supporter, won election as mayor in November 2023 with 36.6 percent of the vote. Two progressive candidates split the vote among themselves, receiving a combined total of 70.8 percent of the vote.
-
U.S. Supreme Court3 days agoSupreme Court rejects Kim Davis’s effort to overturn landmark marriage ruling
-
District of Columbia3 days agoCapital Pride files anti-stalking complaint against local LGBTQ activist
-
Movies5 days agoSuperb direction, performances create a ‘Day’ to remember
-
Theater4 days agoAstounding ‘LIZZIE’ builds on legendary axe murder tale


