News
Will the 6th Circuit allow Michigan marriages to continue?
Weddings halted until at least Wednesday, but no decision on stay pending appeal
The Sixth Circuit will consider whether to stay marriages in Michigan this week. (Image courtesy Wikimedia Commons)
Marriage equality advocates are watching the U.S. Sixth Circuit Court of Appeals this week as it decides whether to stay same-sex weddings in Michigan or allow them to continue as the court considers marriage equality litigation.
Experts say the Sixth Circuit — and the Supreme Court if the stay request is appealed — have room to allow the Michigan same-sex weddings to continue because the Supreme Court’s stay on weddings following a similar ruling in Utah isn’t controlling and many district courts have now ruled in favor of marriage equality.
Shannon Minter, legal director for the National Center for Lesbian Rights, was among those saying he doesn’t believe a stay is warranted in the case, known as DeBoer v. Snyder.
“The Supreme Court did not explain the reasons for its stay in the Utah case, so it provides little guidance and certainly should not be construed as requiring stays in other cases,” Minter said. “Utah was the first federal court in the country to strike down a state marriage ban post-Windsor, but many others have since followed suit, so the legal landscape is already quite different than when the Supreme Court issued a stay in that case.”
U.S. District Judge Bernard Friedman, a Reagan appointee, issued the ruling striking down Michigan’s 2004 constitutional ban on same-sex marriages on Friday, but unlike similar rulings against laws in Texas, Virginia and Oklahoma, Friedman didn’t include a stay in his ruling.
Vickie Henry, a senior staff attorney at Gay & Lesbian Advocates & Defenders who helped plaintiffs for the Michigan trial, said the lack of a stay from the judge came as no surprise given the concern he stated in his ruling for children raised by same-sex couples.
“At this point, all the recent decisions have all come out the same way,” Henry said. “So at some point I think you recognize there’s a high human cost, a high people cost, in the denial of these rights. I can’t speculate what he was thinking, but that seems like a great reason to not enter a stay.”
But Attorney General Bill Schuette filed a stay request before the Sixth Circuit to halt the same-sex marriages in Michigan as he and Gov. Rick Snyder filed notice they would file an appeal to the court.
After allowing plaintiffs the opportunity to respond to the stay request by Tuesday, the Sixth Circuit issued a temporary stay on the same-sex weddings until at least Wednesday — but only after an estimated 315 gay couples received marriage licenses on Saturday.
A similar situation has happened before just recently. After U.S. District Judge Robert Shelby struck down Utah’s marriage ban in the case of Kitchen v. Herbert, Gov. Gary Herbert sought a stay request from the U.S. Tenth Circuit Court of Appeals. The appeals court denied the stay, but the Supreme Court later instituted it after U.S. Associate Justice Sonia Sotomayor referred the matter to the entire bench.
Henry said she thinks the same outcome won’t necessarily befall Michigan despite the stay from the Supreme Court in the Utah case.
“It’s not directly controlling,” Henry said. “In other words, the Sixth Circuit’s not bound by it, but it’s certainly suggestive to the court of what at least one member of the Supreme Court would want them to do.”
Equality Michigan is circulating a petition calling on Snyder and Schuette to drop their appeal of the ruling. As of Monday afternoon, the petition had more than 10,000 signatures.
“We must end the second-class treatment of LGBT families in Michigan,” the petition states. “Rather than siding with the people of Michigan, Schuette and Snyder are wasting taxpayer dollars defending a ban on marriage equality that harms Michigan families — and that the people of Michigan no longer even want.”
But now that the Michigan case has been appealed, all four states in the Sixth Circuit — Michigan, Ohio, Tennessee and Kentucky — have marriage equality cases before the appeals court.
The Sixth Circuit has ruled on an LGBT-relevant case before, but the outcome and the precedent it set wasn’t favorable to LGBT people.
In the case of Equality Federation v. Cincinnati, the court in 1996 upheld an anti-gay ordinance in Cincinnati forbidding the city from enforcing civil rights ordinances based on sexual orientation. The judges issued this decision despite the Supreme Court ruling in 1992 in Romer v. Evans, which found that a similar measure, Colorado’s Amendment 2, was unconstitutional.
But the Cincinnati ordinance has since been repealed in 2004, and that ruling was delivered years ago before the Supreme Court issued precedent protecting gay people in Lawrence and Windsor.
If the Sixth Circuit denies a stay, state officials could appeal the stay request to the Supreme Court justice responsible for stays in the Sixth Circuit: U.S. Associate Justice Elena Kagan. In that event, Kagan could refer the request to the entire court. If she declines a stay on her own, the state could ask any justice on the court for a stay, including anti-gay U.S. Associate Justice Antonin Scalia.
Jon Davidson, legal director for Lambda Legal, expressed uncertainty about whether the Supreme Court would take similar action as it did with the Utah same-sex marriages.
“The Supreme Court did not explain why they issued the stay in Kitchen previously, however, so there is no way of knowing for sure what motivated them to do that or whether a majority of them would do the same thing in the face of the tidal wave of decisions in favor of marriage equality that we are seeing in the lower courts,” Davidson said.
Not all legal experts foresee a possibility in which neither the Sixth Circuit nor the Supreme Court would refuse to grant a stay on same-sex weddings.
Nan Hunter, a lesbian law professor at Georgetown University, predicted the Supreme Court would continue to issue stays on same-sex marriages throughout the country until it delivers it final determination on same-sex marriage.
“My view is that the Supreme Court will continue to grant stays until they resolve a case on the merits,” Hunter said. “Earliest that is likely to happen is June 2015.”
In the event a stay is granted by either the Sixth Circuit or the Supreme Court, another question would emerge similar to the situation in Utah: Would the federal government and state of Michigan recognize the same-sex marriages already conducted in the state?
In Utah, the decision was split. Herbert announced that his state wouldn’t recognize the estimated 1,300 same-sex marriages conducted in Utah pending the final outcome of the litigation. But U.S. Attorney General Eric Holder announced the Obama administration would consider those marriages valid for the purposes of federal benefits. Several state attorneys general, including Maryland’s Doug Gansler, announced their states would also recognize the marriages.
According to the Associated Press, Michigan Gov. Rick Snyder is holding off on the determination on whether his state will recognize the unions. His spokesperson is quoted as saying the governor will wait for a stay decision to be reached before deciding whether Michigan will recognize the marriages.
Ingham County Clerk Barb Byrum and East Lansing Mayor Nathan Triplett, who performed same-sex marriages in Michigan over the weekend, sent a letter Monday to Holder insisting the federal government should recognize those unions.
“Many of the couples that were married on March 22 waited decades for that opportunity,” Byrum and Triplett write. “Their marriages complied with Judge Friedman’s order and all relevant provisions of Michigan law and should be recognized as such by state and federal authorities without delay.”
The Justice Department didn’t yet have a definitive answer in response to the Washington Blade’s request to comment on whether the federal government will recognize same-sex marriages performed in Michigan.
“We are closely monitoring the situation,” said Allison Price, a Justice Department spokesperson.
Maryland
Trone discusses transgender niece
Blade interviewed Md. congressman, Angela Alsobrooks last week
Editor’s note: The Washington Blade last week interviewed both U.S. Rep. David Trone (D-Md.) and Prince George’s County Executive Angela Alsobrooks. The full interviews with both Democratic candidates for retiring U.S. Sen. Ben Cardin (D-Md.)’s seat will be on the Blade’s website later this week.
Maryland Congressman David Trone last week discussed his transgender niece during an interview with the Washington Blade about his U.S. Senate campaign.
Trone, who is running to succeed retiring U.S. Sen. Ben Cardin (D-Md.), on May 1 told the Blade during a telephone interview that his niece transitioned when she was in her early 20s. Trone also noted she attended Furman University, a small, liberal arts university in Greenville, S.C.
“I was concerned about how she would be able to transition there,” said Trone.
Trone, who founded Total Wine & More, attended Furman University as an undergrad and is on the school’s board of trustees. Trone told the Blade he donated $10 million to the university to “build out their mental health capacity, which I felt was a way that she could have the best mental health care possible when she worked her way through (her) transition.”
Trone’s niece graduated from the university after she spent five years there.
“She had a great relationship with Furman,” said Trone.
Trone and Prince George’s County Executive Angela Alsobrooks are the leading Democrats running to succeed Cardin. The winner of the May 14 Democratic primary will face former Maryland Gov. Larry Hogan in November.
District of Columbia
200 turn out for ’Love Fest’ Drag Story Hour at Freddie’s
Performer reads stories to kids and parents as three protest outside
Between 200 and 250 people, including parents and their children, turned out on Saturday, May 4, for a “Love Fest” Drag Story Hour brunch hosted by the Arlington, Va., LGBTQ establishment Freddie’s Beach Bar and Restaurant.
Local drag performer Tara Hoot, who read children’s stories and handed out coloring books to the kids attending the event, was joined by members of the Gay Men’s Chorus of Washington, which sang several songs before Hoot began reading from children’s books in keeping with the tradition of drag queens conducting Drag Story Hour events across the country.
The May 4 event at Freddie’s in the Crystal City section of Arlington took place four weeks after the start of a similar event hosted by Freddie’s was delayed by a bomb threat, forcing those who had arrived to exit through a rear door and wait in a parking lot as Arlington police conducted a search of the premises with a bomb sniffing dog. No trace of a bomb was found.
All the customers, including parents and their kids, were invited back inside and the show took place as planned.
No similar threat occurred at the May 4 event. But three male protesters assembled on the sidewalk next to the parking lot behind the Freddie’s building, with one of them shouting from a bullhorn passages from his Bible that he said indicated the Drag Story Hour event was an “abomination.”
The three protesters were outnumbered by nearly a dozen counter protesters who were members of the Rainbow Defense Coalition, an LGBTQ organization. They carried bright, rainbow-colored umbrellas while chanting messages of support for the Drag Story Hour event.
Freddie Lutz, Freddie’s Beach Bar owner, called the event a “smashing success” that brought an “outpouring of love from the community.” Lutz released a flier on social media promoting the Love Fest event shortly after the earlier event interrupted by the bomb threat as a showing of love “to stop the hate.”
“Join us for the next story time brunch dressed in your favorite rainbow/hippie outfit” and “carry your favorite homemade signs of support,” Lutz said in his promotional flier. He came to the event dressed in what he called his hippie protest outfit.
Lutz said while the protesters did not interrupt the event, he was concerned that their shouting was scaring some of the kids as they and their parents walked by the protesters to enter Freddie’s.
“I went out back and tried to talk to one of them and it was kind of like talking to a brick wall,” Lutz told the Washington Blade. “He was screaming at the parents that were crossing their kids on the crosswalk,” Lutz said. “And I said, you’re screaming at those kids, you’re scaring them.”
Lutz said the man told him he was yelling at the parents, not the kids. “And I said, no you’re not. The kids are hearing you. You’re scaring them.”
Added Lutz, “And to have such a fun-loving, happy show and then walk out on the sidewalk to that is very disheartening. It’s really sad. I told him my God is a forgiving and loving God.”
One of the protesters, who declined to disclose his name, said he and his two fellow protesters came to talk about the gospel of Jesus Christ.
“We want them to know this is an abomination to the Lord,” he told the Blade. “We want them to know those children don’t have a voice and they’re being brainwashed in there. We’re here to call out their sin.”
Stephanie Krenrich, who brought her two-year-old daughter to the event, said she strongly disputes the claims of the protesters.
“I brought my daughter here because I think that it was a beautiful and wonderful show, and it was great for her,” she said. “And I think it’s pretty offensive when people come to Arlington and tell parents what to do, especially for something so beautiful and so fun and so wholesome,” she told the Blade.
“So that’s why I brought her,” Krenrich said. “I think that it’s really important that we stand up for our values and people just being themselves, being happy and being them.”
Among those who attended the event were four elected officials from Arlington – Virginia State Sen. Barbara Favola, Virginia State Del. Adele McClure, Arlington County Board member Maureen Coffee, and Arlington and Falls Church State’s Attorney Parisa Dehgani-Tafti.
Also attending was Nick Benton, editor and publisher of the LGBTQ supportive Falls Church, Va., News Press; and Kellen McBeth, president of the LGBTQ group Equality Arlington.
“It was fantastic to see so many people come out to support Freddie’s, to support the LGBTQ+ community,” McBeth said. “It was a great event and we’re happy to be a part of it.”
District of Columbia
Another successful Taste of Point fundraiser
Scholars praise financial, networking support
The Point Foundation hosted its annual Taste of Point DC fundraising event on Thursday with nine participating restaurants, a drag performance, and a silent auction.
The event was hosted on the rooftop of the Room & Board on 14th Street, with an afterparty at Shakers. Point donors, scholars, and alumni circled the rooftop eating chips and guacamole from Mi Vida and drinking Pinot Grigio from Barkada.
After about an hour of mingling the events began with event committee member, Kelly Horton and Kevin Kim Wright, chief of staff welcoming the crowd and speaking about the importance of their presence during this pivotal time in queer youth history. Then, Wright welcomed BIPOC Scholar Katherine Guerrero Rivera, saying she was a model of a Point scholar.
“We’re always impressed with all of our scholars and Katherine is another example of a student who is deeply engaged in their campus life and a myriad of projects, everything from creating her own podcast to being a part of a number of student organizations.” Wright said.
Rivera said that the Point Foundation scholarship helps her resist the pressure to drop out. She pointed out that just over 50 percent of Latina students who attend college graduate.
“The Point BIPOC Scholarship is not just financial support, Point has connected me with hundreds of people like me studying on campuses across the country.” she said.
Rivera is a criminology major and poetics minor at University of Maryland and said she hopes to use her degree to bring knowledge to her community through art and advocacy. She said it is important for her to take academic jargon and make it accessible to her community.
“Too often, the history of LGBTQ and people are ignored and silenced during our education,” she said. “I want to use my access to higher education and the chance to develop my creative skills to bring light to societal issues.”
She finished her speech with applause for the audience, then Horton came back with drag queen Tara Hoot to discuss ways donors could continue to support the Point Foundation.
After the lineup of events Wright said he felt great about the event, because it was a celebration of Point’s scholars.
“Some are interning for United States senators, some are volunteering for leading national non-profits, so to be able to celebrate all that’s being done here is truly amazing,”
Wright continued, thanking the D.C. restaurant community for consistently showing up in force to support Point.
“This really helps to paint the picture that this movement is growing,” he said. “People believe in this mission to provide LGBTQ young people with the opportunity to pursue their higher education goals, to improve their leadership abilities and then go on to make a significant impact on society.”
CLICK HERE to see more photos from Taste of Point.
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