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Nevada AG invokes bigamy, incest to defend marriage ban

State interest is ‘to protect and perpetuate traditional marriage’

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Nevada, Catherine Cortez Masto, gay news, Washington Blade
Nevada, Catherine Cortez Masto, gay news, Washington Blade

Nevada Attorney General Catherine Cortez Masto. (Photo public domain)

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.

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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.”

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Canada

Monument to LGBTQ Canadians officially unveiled

Thunderhead honors those who suffered government-sanctioned discrimination

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Thunderhead, a monument that acknowledges LGBTQ Canadians and the historic discrimination they faced, was officially unveiled in Ottawa, Ontario, on Aug. 21, 2026. (Photo by Madeleine Roberts)

A monument that pays tribute to LGBTQ Canadians who suffered government-sanctioned persecution and discrimination officially opened in Ottawa on Aug. 21.

Former Prime Minister Justin Trudeau, Governor General Louise Arbour, and Women and Gender Equality Minister Rechie Valdez are among those who attended the ceremony.

A Canadian government press release notes Thunderhead, which is located on Parliament Hill, “recognizes the historic discrimination faced by 2SLGBTQI+ (two-spirit, lesbian, gay, bisexual, trans, queer, intersex, plus) people in Canada, including during the LGBT (lesbiennes, gaies, bisexuelles, trans) Purge.”

(French and English are Canada’s official languages.)

Trudeau in 2017 formally apologized to Canadians who suffered persecution and discrimination under the country’s anti-LGBTQ laws — including those convicted of “gross indecency” before Canada decriminalized consensual same-sex sexual relations — and policies. Trudeau also formally apologized to those who were fired from the Royal Canadian Mounted Police and the country’s military and civil service from the 1950s to the mid-1990s because of their sexual orientation or gender identity.

The Canadian government later settled a class action lawsuit that LGBT Purge victims filed.

The settlement funded the monument.

The Canadian government’s press release notes an “all Canadian team” from Winnipeg, Manitoba, designed it. The monument is also located on the Anishinabe Algonquin Nation’s traditional territory.

“It celebrates the resilience and achievements of those who fought for equality, educates visitors, and inspires the change still needed so that everyone can openly love who they love and express and identify themselves as they choose,” reads the press release.

“Thunderhead stands as a tribute to the lives, stories, and contributions of 2SLGBTQI+ people across Canada,” said Prime Minister Mark Carney on Facebook. “It’s reminder of the discrimination too many endured — and honors those who fought to build a country where everyone can live freely, safely, and with dignity.”

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Baltimore

The fight to save one of Baltimore’s last gay bars

Leon’s closed in July after its owner’s death

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Leon’s opened in Mount Vernon in the 1950s and bore witness to many eras of the city’s evolving queer culture. From left, Leon’s staffers Stacey Antoine, Karen O’Donnell, Joseph Leloudis, Damon Wallace, Brandon Gruszczynski, Tina Wallace, Sanchez Sanders, Cade Granger, Adam David Bencomo, and Sam Smith. (Photo by Kaitlin Newman for the Baltimore Banner)

By JULIE SCHARPER and WESLEY CASE | Soon after Jim Becker came out as gay in 1967, he ducked into a Mount Vernon bar called Leon’s.

In the dark, smoky bar, men used pseudonyms for fear of being outed, as homosexual acts were illegal in Maryland. Bartenders, wary of vice squad raids, would blow a whistle if couples leaned in for a kiss.

But to Becker, arriving at Leon’s was a kind of homecoming. He could explore his identity, connect with other gay men and build community in the anxious years before the 1969 Stonewall uprising, a pivotal moment in the LGBTQ rights movement.

The rest of this article can be read on the Baltimore Banner’s website.

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Africa

When home becomes a journey: migration, memory, and the African diaspora

People carry pieces of previous lives wherever they go

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(Photo by NASA)

Sometimes I wonder whether home is a place or a feeling.

I have lived in places where I never imagined I would stay. I have crossed borders I never expected to cross and spent years in refugee communities where people wake up each morning wondering what the future will bring. I have known Kakuma Refugee Camp in Kenya, spent time in Zambia and South Africa, and now live in Gorom Refugee Settlement in South Sudan.

So, when I think about migration, I don’t think first about passports, borders, statistics, or immigration offices.

I think about people.

I think about the mother who leaves everything behind because she wants her children to survive. I think about the young person crossing a border with little more than a phone, a few clothes, and memories of a life that may no longer exist. I think about the refugee who has spent years waiting for a durable solution and still doesn’t know where they will eventually call home.

Migration is often described simply as movement from one place to another. But sometimes it is much more than that.

It can mean leaving behind a version of yourself.

Africa has always been moving

Africa’s migration story did not begin with modern refugee camps or today’s international borders.

People have moved across this continent for generations. They have followed trade routes, searched for pasture and water, moved for marriage, education and employment, escaped conflict, and built new communities elsewhere.

Migration has always been part of African life.

Today, people move for many different reasons. Some flee war and political instability. Others escape persecution or discrimination. Some leave because they cannot find work or see a future for themselves. Others migrate to study, find employment, start businesses, join family members or simply seek new opportunities. There is an important distinction here.

Not every African migrant is a refugee.

A refugee is someone forced to leave because returning home is unsafe. An asylum seeker is someone seeking protection and waiting for a decision on their claim. Exile can mean living away from one’s homeland, sometimes unwillingly. The diaspora is broader still: it includes people of African origin living outside their country or continent, whether they left by choice or were forced to leave.

These words matter because behind each one is a human story.

When leaving is not a choice

I know what it means when leaving is no longer a choice.

Forced displacement takes something from you that is difficult to explain. You may still have your memories, your language and perhaps a few possessions, but the ordinary things that once made life predictable can disappear.

You begin again.

Sometimes you begin again in another country. Sometimes you begin again in a refugee camp.

My experiences in Kakuma taught me that displacement does not necessarily end when you cross a border and reach somewhere safer. The uncertainty can continue for years.

Now, in Gorom Refugee Settlement, I see that uncertainty in the lives of people around me. Mothers worry about food and the health of their children. Young people wonder whether they will return to education. Others wait for resettlement or another safe pathway while trying to build a life with very limited resources. There is a strange feeling in waiting.

You are physically present somewhere, but mentally you may still be traveling towards a future you cannot see.

U.S. Ambassador to South Sudan Michael Adler visits the Gorom Refugee Settlement on Oct. 25, 2023. (Photo courtesy of the U.S. Embassy in South Sudan)

What happens to identity?

One of the hardest questions migration raises is: Who am I when I am no longer where I came from?

A person can cross a border in a few hours. Identity doesn’t move that quickly.

You carry your accent.

You carry your food.

You carry your mother’s stories.

You carry songs you heard as a child.

You carry the names of people who may never know where you ended up.

You carry memories.

And sometimes you carry pain.

I have met people who have lived in several countries and can no longer give a simple answer when asked where they are from. They may have been born in one country, grown up in another, lived in a refugee settlement somewhere else and now dream of resettling in a fourth.

Does that make them less African?

I don’t think so.

Perhaps it makes their identity larger.

Carrying Africa across borders

The African diaspora is sometimes discussed as though it were simply a population scattered around the world. I see it differently.

People carry pieces of home wherever they go.

An African family living in Australia, Canada, Britain, the United States, or elsewhere may still cook the food they grew up eating. They may speak their mother tongue at home, send money to relatives, listen to African music, support community projects and remain closely connected to events thousands of miles away. Migration doesn’t necessarily erase belonging.

Sometimes it creates several belongings at once.

The diaspora also contributes enormously to communities back home. Remittances help families pay school fees, buy food, build houses, access healthcare and start businesses. Migrants also carry knowledge, professional experience, ideas and connections that can benefit communities across borders.

A person may leave Africa physically and still spend much of their life contributing to Africa.

That matters.

The price of being a migrant

But migration has another side.

Not every new country means a new beginning.

For some migrants, the journey leads to racism, xenophobia, exploitation, or discrimination. People can be judged because of their nationality, accent, skin color, immigration status or refugee identity.

Others discover that qualifications earned at home are not recognized. A professional becomes a cleaner. A teacher struggles to find work. A skilled worker is told to start again.

There is nothing wrong with honest work. The problem begins when someone’s dignity is reduced because they are a migrant.

For refugees, bureaucracy can become another form of suffering. A person can become a case number, waiting months or years for interviews, decisions, relocation opportunities, or family reunification.

But life doesn’t stop while the paperwork continues.

Children grow older, parents become sick, people lose loved ones, birthdays come and go and still the waiting continues.

I sometimes wonder whether the people making decisions about migration fully understand how heavy that waiting can become for someone sitting on the other side of the process.

Women, children, and LGBTQ refugees

Migration does not affect everyone in the same way.

Women often carry enormous responsibilities after displacement. They may become the main providers for their children while dealing with their own trauma and uncertainty.

Children experience displacement differently. They may not fully understand why they had to leave home, but they understand the absence of familiar faces, schools and routines.

Young people face another difficult question: how do you plan a future when you don’t know which country you will be living in?

For LGBTQ refugees, the journey can be even more complicated. Some leave because the place where they were born no longer feels safe for them. They may have experienced rejection, threats, violence or discrimination before they ever reached a refugee settlement.

And yet, even in such circumstances, people create community.

In Gorom, LGBTQ refugees and asylum seekers come from different African countries and backgrounds. We don’t always agree on everything. But we understand something important: when the world has already made you feel unwanted, having people around you who understand your experience can mean everything.

Community can become another form of home.

Should borders decide our worth?

I understand why countries have borders. Countries have laws and responsibilities.

But I sometimes ask myself a simpler question: Should crossing a border change the value of a human life?

A child doesn’t become less deserving of food because they were born on the other side of a political boundary.

A mother doesn’t become less worthy of safety because she crossed without the right document.

A refugee doesn’t stop being a human being while waiting for an immigration decision.

From a Humanist perspective, this seems straightforward to me. Human dignity should not depend on nationality.

We can have immigration systems and still treat migrants with compassion.

We can protect borders without forgetting that the people standing behind those borders are human beings.

We can disagree about migration policy without dehumanizing migrants.

That balance isn’t easy. But perhaps that is exactly why we need more humanity in conversations about migration.

What does home mean now?

I have asked myself this question many times: Where is home?

Is it where I was born?

Where I first felt safe?

Where my memories live?

Or perhaps home isn’t always a geographical location.

Maybe home can be the people who stand beside you.

Maybe it is the language you speak when you are emotional.

Maybe it is the smell of food that takes you back to childhood.

Maybe, after so much has been taken away, home becomes something you slowly rebuild.

My birthday falls on Sept. 12. Birthdays usually invite us to think about another year of life. But for someone who has experienced displacement, another birthday can mean something deeper.

It means I made it through another year.

I am still here.

And I think about the many refugees who don’t know whether they will be safe long enough to celebrate their next birthday. I think about children growing up in camps who deserve to celebrate their birthdays in a home they can call their own.

That thought stays with me.

We are more than where we come from

Migration has taught me that people cannot be reduced to the countries printed on their passports.

We are our memories, our relationships, our struggles, our dreams, and our choices.

Africa’s diaspora is not simply a story of people leaving Africa. It is also a story of people carrying Africa with them.

And the refugee experience is not simply a story of loss. It is also a story of survival.

I don’t know where my own journey will eventually take me. Perhaps that is one of the things migration teaches us: we can make plans, but life sometimes writes a different story.

What I do know is that every person deserves the chance to live without fear, to love without persecution, to work with dignity, to raise children safely and to imagine a future.

Borders may separate countries.

They should never separate us from our humanity.

If migration has taught me anything, it is that home is not always the place we left behind. Sometimes home is the safe place we are still searching for.

And sometimes, while searching, we become one another’s home.

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