News
Arizona’s ‘turn away the gay’ bill part of national trend
As other measures defeated, Kansas could see resurrected bill this week

Gov. Jan Brewer (R-Ariz.) is considering legislation that would legalize LGBT discrimination in Arizona. (Photo by Gage Skidmore; courtesy Wikimedia Commons)
An emerging trend of state legislation allowing businesses to refuse services on religious grounds — most recently in Arizona where a measure has reached the desk of Gov. Jan Brewer (R) — has triggered outrage among advocates who say the bills are intended to enable discrimination against LGBT people.
The bill passed by the legislature in Arizona, SB 1062, has become known as the “turn away the gay” bill after the Republican-controlled Arizona State House approved the measure Thursday by a 33-27 vote.
Despite her reputation as an ultra conservative, Brewer expressed uncertainty over the weekend over what action she’ll take on the bill, saying the measure is “very controversial.” She has five days to sign or veto the measure once it reaches her desk.
“We know that it has failed in a lot of states across the country,” Brewer told reporters. “I have not been in town currently. I’ve been reading about it on the Internet, and I will make my decision probably by next Friday, if I do decide to sign it. But it’s very controversial. So I got to get my hands around it.”
The measure never mentions the words “gay,” “sexual orientation” or “gender identity,” but expands the state’s definition of exercise of religion to allow any person — which under the bill could be an individual, a religious assembly or business — to deny services based on a religious belief.
Under the bill, the exemption could only be used in court if the refusal to act is motivated by a religious belief; the person’s religious belief is sincerely held; and state action “substantially” burdens the exercise of the person’s religious beliefs.
Critics say the legislation is intended to allow businesses to deny services or discriminate against gay people or same-sex couples — even though Arizona state law already permits discrimination in employment and public accommodations.
Eunico Rho, an advocacy and policy counsel for the American Civil Liberties Union who works on state initiatives, said the measure would set “a dangerous precedent” because it would invite individuals and businesses in Arizona to discriminate.
“Arizona already has a law that says the government can’t unnecessarily burden somebody’s religious beliefs, but this takes that into the private sphere and says no private individual can burden somebody’s else religious beliefs,” Rho said. “Given how religiously diverse we are — and the state of Arizona is — it’s just such a dangerous and unprecedented on…the legislature’s part.”
Because certain localities in Arizona bar discrimination on the basis of sexual orientation and gender identity, Rho said the passage of the Arizona bill would complicate the enforcement of these ordinances.
Amid consternation over the legislation and scrutiny from national media, the anti-gay group that drafted the legislation said the concerns are overblown.
Cathi Herrod, president of the Center for Arizona Policy, said in a statement Friday the measure is merely aimed at protecting religious liberties.
“Simply put, the fear-mongering from opponents is unrelated to the language of the bill, and proves that hostility towards people of faith is very real,” Herrod said. “It’s a shame we even need a bill like this in America. But growing hostility against freedom in our nation, and the increasing use of government to threaten and punish its own citizens, has made it necessary.”
Although major national LGBT rights groups were initially silent on the Arizona bill, the Human Rights Campaign and the National Gay & Lesbian Task Force issued statements on Friday after Brewer expressed uncertainty about the bill and gay blogger Joe Jervis criticized them for their silence.
Amid the wait over what action Brewer will take on the legislation, LGBT grassroots advocates have started a campaign to encourage her to reject the measure by asking businesses in Arizona to speak out.
Scott Wooledge, a New York-based LGBT netroots advocate, has set up a website, “Do AZ’s Top Businesses Support Or Oppose SB 1062?” monitoring the positions of Arizona businesses on the legislation.
“Together, the companies I approached employ more than a quarter million people in the state of Arizona,” Wooledge said. “This makes them all significant stakeholders in any business-related legislation, and SB 1062 is a business-related bill.”
Companies headquartered in Arizona identified on the website are US Airways, PetSmart, Apollo Group, GoDaddy, U-Haul, Cold Stone Creamery, Bashas’ Markets, Freeport-McMoran Copper & Gold Inc, Banner Health P.F. Chang’s, Best Western and Circle K. None were listed as having expressed a position as of Monday morning.
[UPDATE: On Monday evening, Apple Inc. and the CEO of American Airlines Group Inc called Brewer to ask her to veto the bill, according to the Associated Press.]
But both members of Arizona’s delegation to the U.S. Senate — Sens. John McCain (R-Ariz.) and Jeff Flake (R-Ariz.) have weighed in via Twitter to urge Brewer to reject the bill. Both were among the Senate Republicans who voted for the Employment Non-Discrimination Act last year (although Flake twice voted against cloture.)
Others who have spoken out via Twitter to urge Brewer to veto the bill are Democrats representing the state in the U.S. House: Rep. Ann Kirkpatrick (D-Ariz.), Ron Barber (D-Ariz.) and bisexual Rep. Kyrsten Sinema (D-Ariz.).
Prior to House passage of the bill last week, Sinema said in a statement that Brewer must consider the negative consequences of the legislation should she sign it.
“The economic hit to our state, if this misguided bill is signed into law, will undoubtedly harm thousands of hardworking Arizonans, and is irresponsible at a time when we are just starting to recover from the economic downturn,” Sinema said. “Arizona is better than this. I call on Governor Brewer to show leadership and veto the bill if it is sent to her.””
In recent weeks, the movement of the legislation to enable discrimination by expanding religious liberties hasn’t been limited to Arizona. As previously reported by the Washington Blade, progress on these bills is apparently a new tactic from anti-gay groups in response to the advancement of marriage equality.
Laura Durso, director of the LGBT project for the Center for American Progress, said the proliferation of these bills puts at risk all Americans, not just LGBT Americans.
“Bills like Arizona’s SB 1062 open the door to all types of discrimination, not only in wedding-related services but among healthcare providers and other licensed professionals,” Durso said. “The first amendment protects our right to practice our religion as we see fit and these types of laws threaten our social contract — that we treat others as we wish to be treated and abide by the same rules in the public marketplace.”
In Kansas, the State House approved legislation allowing businesses to refuse services to same-sex couples. And unlike the Arizona bill, the Kansas measure explicitly mentions same-sex couples, saying no individual should be required to provide a service related to a same-sex wedding or civil union ceremony.
Numerous media outlets, including the Blade, reported last week the legislation, House Bill 2453, was dead in the Senate following public outcry, but one LGBT advocate in the state said he’s not so sure.
Thomas Witt, executive director of the Kansas Equality Coalition, said he expects the legislation to reappear in the Senate — possibly with slightly different language as an insert to a larger bill — as early as Wednesday.
“The radical right in the House is pushing real hard to bring this bill back, not under that number,” Witt said. “The number is dead. The Senate is not going to let that number come back up, but they’re looking for a way to stuff the language in a different bill.”
Similar religious exemption bills that have died have come in Maine, where the House last week defeated a measure by a 89-52 vote, as well as in South Dakota, Tennessee and Idaho, which all died in committee.
Lawmakers pushing the bills are drawing on recent stories of individuals facing penalties for refusing services to same-sex couples, such as a Colorado baker who was found to have violated a couple’s civil rights for refusing to bake a cake for them or the New Mexico photographer who got in trouble after refusing to take a picture of a same-sex wedding ceremony.
ACLU’s Rho noted that lawmakers in Arizona and Kansas have been drawing on these stories to advocate for the enactment of religious exemption bills, but said she doesn’t think the bills are anything new.
“I think in Arizona, they’ve made it quite clear, that that was one of the main reasons for expanding the religious refusal bill into this extraordinary scope,” Rho said. “But as I said, people claiming the right to refuse services is certainly nothing new.”
Despite the proliferation of these bills, no LGBT advocate is calling on President Obama to publicly condemn them — even though they’ve asked for his help for other LGBT rights causes.
White House Press Secretary Jay Carney had little to say Monday when asked about the Arizona bill by CNN.
“I haven’t spoken with the president about that,” Carney said. “I don’t have an official position. It certainly doesn’t sound particularly tolerant, but I don’t have a position at this time.”
But LGBT advocates say Obama’s voice against advancing the bills in these Republican-dominated states will fall on deaf ears — and might even encourage lawmakers to enact the measures.
Rho said she thinks an appropriate response would be passage of the Employment Non-Discrimination Act, which would bar many employers from discriminating against LGBT workers across the country, as opposed to vocal opposition from Obama.
“Unfortunately, I think a lot of the state legislatures and the governors who are endorsing these kind of measures don’t care much for what the president says or thinks, so I don’t know if Sam Brownback cares much for President Obama’s opinion,” Rho said.
Politics
Buttigieg says false report temporarily separated him from his children
Michigan State Police corroborated his account
Former Transportation Secretary Pete Buttigieg on Friday recounted being separated from his children following an anonymous police report later determined to be false.
The openly gay former mayor of South Bend, Ind., and current 2028 presidential contender was accused of posing a danger to his children and was not allowed to be with his four-year-old twins until after interviews were conducted.
Buttigieg went public with this account on his Substack, sharing how a woman anonymously — and falsely — accused him of posing a danger to his children.
“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”
Michigan State Police spoke to the BBC following Buttigieg sharing his story.
“The Michigan State Police and Child Protective Services responded and determined the report was false.”
The statement also went on to explain that these types of false reports were “dangerous” and divert “workers from responding to legitimate emergencies and protecting vulnerable children and families.”
In that post recounting the ordeal, Buttigieg continued, saying that it was “among the darkest hours of my life,” and pointed out that his children should not be subjected to this type of harassment as a circumstance of his own place in the national political spotlight.
“They are four years old. Four. They do not know or care what a Democrat or a Republican is.”
He finished his post:
“We cannot let American politics keep going in this direction. And we must not all go on as if it’s acceptable for this kind of thing to be part of the cost of entering public service.”
“Most importantly, Chasten and I will continue to pour ourselves into the joyful and demanding work of raising and educating our two children. Being their parents is the best thing in our lives. They are just children, kids who deserve the best upbringing that their parents can provide, who mean more to us than anything, whom we love beyond words and will do anything to protect, and whose right to a safe and happy childhood deserves absolute and unconditional respect.”
In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:
“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”
Buttigieg was transportation secretary during the Biden-Harris administration.
The Washington Blade reached out to Michigan State Police to ask if any disciplinary actions would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. the story will be updated as new information is shared.
U.S. Supreme Court
11 years after Obergefell, marriage equality remains under scrutiny
Landmark ruling issued on June 26, 2015
Friday marks 11 years since the U.S. Supreme Court ruled the Constitution protects same-sex marriage in Obergefell v. Hodges. Despite that major win for LGBTQ people nationwide, the case may be on shakier ground than originally thought.
Obergefell v. Hodges, the case that determined the Constitution extends its protection of rights to same-sex couples and that states must recognize marriage licenses for same-sex couples from other states, was decided using a combination of cases from several states.
The central arguments in the case rested on the 14th Amendment’s Equal Protection Clause, Due Process Clause, as well as collateral spousal and parental rights.
Cases in play
The first case came from Michigan with DeBoer v. Snyder, where a lesbian couple, who were not legally allowed to marry in the Mitten State, attempted to adopt their third child but could not both obtain legal parental rights. April DeBoer and Jayne Rowse initially received a favorable ruling in district court, with the judge finding that the Michigan Marriage Amendment — which barred same-sex marriage in the Midwestern state — violated the Equal Protection Clause. The same day, the case was appealed to the 6th U.S. Circuit Court of Appeals, eventually making its way, along with the other five cases, to the highest court in the land.
Ohio had multiple cases that ultimately contributed to the judicial acknowledgment of same-sex marriage rights in the U.S.
The Supreme Court case most commonly associated with the fight for same-sex marriage — Obergefell — originated in Ohio. Beginning as Obergefell v. Kasich in the state, James Obergefell knew his longtime boyfriend, John Arthur, was suffering from ALS. Knowing Arthur’s life would end shortly — and understanding the couple could not legally marry in Ohio — they boarded a medically equipped plane, accompanied by a nurse and Arthur’s aunt, Paulette, and flew to BWI Airport in Maryland. There, they were legally married. Over the next several months, Arthur’s health continued to decline until he eventually passed away in October.
The legal battle began after Arthur died, as Ohio law refused to acknowledge that Obergefell was his husband and would not list him as Arthur’s surviving spouse on his death certificate. Obergefell challenged the decision, arguing it was unconstitutional and pursuing legal action. The local Ohio registrar agreed that refusing to recognize their out-of-state marriage license — which Ohio had recognized for different-sex couples in the past — discriminated against the couple. Despite that, the state attorney general continued to defend Ohio’s same-sex marriage ban.
The judge ultimately ruled that “a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized,” marking another step toward marriage equality. Ohio appealed the ruling, and the case ultimately contributed to the establishment of same-sex marriage protections under the federal Constitution.
The second Ohio case, Henry v. Wymyslo, much like DeBoer v. Snyder, involved parental rights for adopted children. The case included four couples — three lesbian couples who lived in Ohio and adopted children while residing there, and one gay couple from New York with an adopted son born in Ohio. The four couples filed a lawsuit against Ohio, seeking to require the state to list both parents on their children’s birth certificates.
Eventually, the judge — the same one who presided over Obergefell v. Kasich — ruled that the state must list both parents on their children’s birth certificates. Like many cases that make their way to the Supreme Court, it went through multiple appeals before ultimately reaching the nation’s highest court.
Kentucky also had two cases that contributed to the legal battle for same-sex marriage.
The first, Bourke v. Beshear, revolved around Gregory Bourke and Michael DeLeon, a same-sex couple married in Canada in 2004, and Randell Johnson and Paul Campion, who were married in California in 2008. Like DeBoer v. Snyder and Henry v. Wymyslo in their respective states, the plaintiffs challenged Kentucky’s ban on same-sex marriage and its refusal to recognize same-sex marriages performed in other jurisdictions so that both parents could be acknowledged on their children’s birth certificates.
The judge ultimately ruled, much like in Obergefell v. Kasich, that states constitutionally must recognize legally performed out-of-state marriages.
Love v. Beshear is the second case from the Bluegrass State.
Maurice Blanchard and Dominique James were denied a marriage license by Kentucky county clerks. The couple’s legal team filed to join Bourke v. Beshear, another case actively challenging the state’s ban on same-sex marriage, and the motion was approved, with the case restyled as Love v. Beshear. The judge ultimately ruled that Kentucky’s bans on same-sex marriage explicitly “violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable.”
The final case, Tanco v. Haslam, involved four same-sex couples who filed suit in Tennessee. Each couple had married outside Tennessee before moving to the state, with nearly all relocating for employment. One worked for the military, whose marriage was already recognized by the Department of Defense; one worked for the state; and two were professors. Seeking to have their out-of-state marriages recognized in Tennessee, the four couples filed Tanco v. Haslam in U.S. District Court for the Middle District of Tennessee. The court eventually granted a preliminary injunction requiring the state to recognize the marriages of the three plaintiff couples but denied the request to overturn Tennessee’s same-sex marriage ban.
To SCOTUS
All of these cases contributed to the legal challenge against same-sex marriage bans across the country and ultimately led to a 5-4 ruling that allowed same-sex couples to have their marriages recognized in all 50 states, Guam, Puerto Rico, and D.C.
The justices voted as follows: Anthony Kennedy, who authored the majority opinion, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan supported Obergefell while Chief Justice John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito all dissented.
The court held that the 14th Amendment — specifically its Due Process Clause — guarantees the right to marry as one of the fundamental liberties it protects, regardless of the gender of those getting married.
The court also ruled that another provision of the 14th Amendment — the Equal Protection Clause — extends the right to marry enjoyed by different-sex couples to same-sex couples, finding that denying same-sex couples that right violates their right to equal protection under the law.
Some of the Supreme Court justices who dissented argued that this was a state issue, not a federal one, because the Constitution makes no mention of same-sex couples. They said it was beyond the purview of the court to decide whether states must recognize or license such unions. The dissenters argued that the majority was engaging in judicial policymaking, which they contended is not permitted under U.S. law.
Another argument made by the dissenting conservative justices was that the majority opinion infringed on religious freedom by engaging in this “judicial policymaking” rather than allowing state legislatures to determine the laws governing marriage.
Since the ruling
According to data from the Williams Institute, 823,000 same-sex couples are now legally married — more than twice the number in 2015 — as a result of the Supreme Court’s decision.
The ruling also increased the number of same-sex families raising children, largely because it removed legal barriers and paperwork restrictions that had prevented same-sex couples from being listed as parents. The data shows there are nearly 299,000 children under the age of 18 being raised by married same-sex couples as a result of Obergefell.
The states that saw the largest increases — and the most favorable changes to marriage rates — were in the South. The percentage of cohabiting same-sex couples who were married between 2014 and 2023 increased from 38 percent to 59 percent.
Many of the married same-sex couples surveyed said marriage improved their sense of safety and security (83 percent), life satisfaction (75 percent), and relationship stability (67 percent).
“Marriage equality has significantly benefited the lives and well-being of same-sex couples, their families, and the communities where they live,” said Christy Mallory, interim executive director and legal director at the Williams Institute.
Future of Obergefell
While same-sex marriage remains the law of the land, there have been multiple attempts by conservative and religious figures in America to reverse it.
In 2025, Kim Davis, the clerk of Rowan County, Ky., who made headlines 10 years earlier after refusing to issue marriage licenses following the striking down of same-sex marriage bans, approached the Supreme Court with the goal of getting Obergefell overturned.
She argued that the ruling put her religious beliefs at odds with her job and asked the court to strike it down. The consensus was nearly unanimous, holding that when a person serves as an agent of the state, they cannot place their personal religious beliefs above state policy because they are acting on behalf of the government.
Thomas, one of the Supreme Court’s most conservative justices, has also attempted to plant the seeds for overturning Obergefell.
In Dobbs v. Jackson Women’s Health Organization, which ultimately restricted abortion access in the country, he wrote a concurring opinion suggesting that Obergefell, along with several other precedents, should be “reconsider[ed].”
Later, without directly addressing Obergefell, Thomas told an audience at Catholic University’s Columbus School of Law that he didn’t “think that … any of these cases that have been decided are the gospel.”
While President Donald Trump has not implemented any executive restrictions on same-sex marriage during his presidency, his administration has made it clear that it opposes continued efforts to expand protections for same-sex couples, particularly when doing so conflicts with claims of “religious freedom.” The administration has attempted to remove sexual orientation and gender identity from federal health care and housing nondiscrimination protections and has significantly restricted the rights of transgender Americans.
Currently, same-sex marriage remains federally protected by the Respect for Marriage Act, and the Supreme Court has thus far declined to overturn Obergefell.
Maryland
Federal officials launch Title IX probe into Md. schools over trans athletes
Montgomery, Prince George’s, and Frederick Counties named in probe
On June 23, the U.S. Department of Education’s Office for Civil Rights announced it is launching a Title IX investigation into three Maryland school districts and the Maryland State Department of Education for failing to enforce sex-based protections guaranteed by federal law.
The districts include Montgomery County Public Schools, Prince George’s County Public Schools, and Frederick County Public Schools.
According to the department, these districts require schools to allow boys to compete in girls’ athletics, to use girls-only locker rooms, restrooms, and overnight accommodations alongside female athletes.
According to Bethesda Today, Montgomery County Public Schools spokesperson Liliana Lopez said “MCPS remains committed to providing safe, welcoming and inclusive learning environments for all students and to complying with applicable federal and Maryland laws and regulations. As the matter is now under review by the Office for Civil Rights, we have no further comment at this time.”
Assistant Secretary for Civil Rights Kimberly Richey states that allowing students access to sex-separated programs and facilities based on gender identity is “deeply troubling.”
“54 years after Title IX was signed into law, the Trump administration remains steadfast to enforce its promise to protect women and girls. We will fully investigate these allegations and take appropriate action to ensure compliance with federal law,” Richey said in a statement.
According to the press release from the Department of Education, the violation falls under a Trump-Vance administration rewrite of Title IX, which aligned the sex-based protections “with biological reality, not ideological fantasy.”
This comes after the NCAA released a statement in February stating that people assigned male at birth cannot participate in women’s sports teams. The NCAA stated, “The policy is clear that there are no waivers available, and students assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID.”
The U.S. Supreme Court is also currently deliberating on a case regarding transgender athletes in youth sports and their ability to play on teams that align with their gender identity, with the decision expected in the coming days.
