News
Judge stays order requiring Ky. to recognize same-sex marriages
No recognition of out-of-state unions until action from Sixth Circuit
A judge has held off his order requiring Kentucky to recognize out-of-state same-sex marriages. (Image by Seth Ilys via Wikimedia Commons)
A federal judge who earlier ordered Kentucky to recognize same-sex marriages performed out-of-state has now stayed that decision pending further action from a higher court.
In a four-page order on Wednesday, U.S. District Judge John Heyburn, who struck down the state’s ban on same-sex marriage in the case of Love v. Beshear, said he’s staying his order until further action from the U.S. Sixth Circuit Court of Appeals.
“One judge may decide a case, but ultimately others have a final say,” Heyburn writes. “It is the entire process, however, which gives our judicial system and our judges such high credibility and acceptance. This is the way of our Constitution. It is that belief which ultimately informs the Court’s decision to grant a stay.”
Last month, Heyburn, following his ruling, ordered Kentucky to begin recognizing same-sex marriages performed elsewhere, but stayed that decision until March 20.
Following the order, Kentucky Attorney General Jack Conway announced he would no longer defend the marriage ban in court, although Kentucky Gov. Steve Beshear announced he would continue defending the law on his own. Beshear had requested a stay of the court’s order from the district judge pending a decision from the Sixth Circuit.
Explaining his reasoning to grant a stay, Heyburn places significant emphasis on the U.S. Supreme Court’s decision to issue a stay on same-sex marriages performed in Utah following a district court ruling striking down the ban in that state.
“It may be years before the appeals process is completed,” Heyburn writes. “Also, our case is different than Kitchen. Nevertheless, the Supreme Court has sent a strong message by its unusual intervention and order in that case. It cannot be easily ignored.”
Heyburn was confirmed to the federal bench in 1992 after being recommended to the bench by Sen. Mitch McConnell (R-Ky.) and nominated by former President George H.W. Bush.
Cuba
Cuban lawmakers to consider simplifying process for trans people to change IDs
National Assembly in July will reportedly debate proposal
Cuban lawmakers are reportedly poised to consider a proposal that would allow transgender people to legally change the gender marker on their ID documents without surgery.
Cubadebate, a government-run website, on May 11 referenced the proposal in an article about an International Day Against Homophobia, Biphobia, and Transphobia march in Havana that the National Center for Sexual Education organized.
Mariela Castro, the daughter of former Cuban President Raúl Castro who spearheads LGBTQ issues on the island, is CENESEX’s director.
Cubadebate notes the National Assembly in July will consider an amendment to the country’s Civil Registry Law that “for the first time would allow citizens to determine the sex on their identification cards without the need for a court order or gender assignment surgery.”
Argentina, Uruguay, Germany, and Malta are among the countries that allow trans people to legally change their name and gender without surgery.
Cuba’s national health care system has offered free sex-reassignment surgery since 2008, but activists who are critical of Mariela Castro and CENESEX have said access to these procedures is limited. Mariela Castro, who is also a member of the National Assembly, in 2013 voted against a measure to add sexual orientation to Cuba’s labor code because it did not include gender identity.
The Cuban constitution bans discrimination based on sexual orientation and gender identity, among other factors. Authorities routinely harass and detain activists who publicly criticize the government.
Maryland Gov. Wes Moore on Tuesday signed a bill that decriminalizes HIV in the state.
State Dels. Kris Fair (D-Frederick County) and Luke Clippinger (D-Baltimore City) are among the lawmakers who sponsored House Bill 39 or the Carlton R. Smith Act, which is named after the long-time activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in May 2024.
Smith was a member of the Coalition to Decriminalize HIV in Maryland that advocated for the bill. FreeState Justice, a statewide LGBTQ rights group, was also part of the coalition.
“At FreeState Justice, we are proud to stand with advocates, health experts, and lawmakers who worked diligently to advance this bill. The bipartisan support for the Carlton R. Smith Act is a testament to the power of education, research, and courageous leadership,” said FreeState Justice Executive Director Phillip Westry in a statement. “It sends a clear message: Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”
Maryland is the fifth state to decriminalize HIV.
North Dakota Gov. Kelly Armstrong, a Republican, in March signed a bill that decriminalized HIV in his state.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources
Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.
The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.
“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.
“These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.
It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”
The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question.
A White House spokesperson couldn’t immediately be reached for comment on the lawsuit.
While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management.
The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.
Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.
“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.
“Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says.
Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”
Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”
Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.
“As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from the Washington Blade.
“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said.
The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”
It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”
The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society.
The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.
Cuban lawmakers to consider simplifying process for trans people to change IDs
Frank Kameny’s legacy lives on
Wes Moore signs HIV decriminalization bill
Medical groups file lawsuit over Trump deletion of health information
