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Appeals court halts Michigan same-sex marriages

In a 2-1 decision, judges rule they must follow guidance on Utah gay nuptials

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Regnerus, gay juror, National LGBT Bar Association, Gay News, Washington Blade

The Sixth Circuit has stayed same-sex marriages in Michigan pending appeal (Image courtesy Wikimedia Commons).

The U.S. Sixth Circuit Court of Appeals announced late Tuesday it has placed a hold on same-sex marriages in Michigan pending appeal — dashing the hopes of those who wanted the weddings to continue as litigation moved forward.

In a 2-1 decision, the majority ruled it must place a stay on ruling from U.S. District Judge Bernard Friedman striking down Michigan’s ban on same-sex marriage in case of DeBoer v. Snyder to conform to an earlier stay decision by the U.S. Supreme Court.

“There is no apparent basis to distinguish this case or to balance the equities any differently than the Supreme Court did in Kitchen,” the majority writes. “Furthermore, several district courts that have struck down laws prohibiting same-sex marriage similar to the Michigan amendment at issue here have also granted requests for stays made by state defendants.”

The U.S. Supreme Court had issued a stay on same-sex marriages in Utah pending the outcome of litigation, Kitchen v. Herbert, after a district judge struck down the state’s marriage ban and the Utah Gov. Gary Herbert sought to halt the weddings by filing a stay request.

The two judges in the majority for the stay decision were U.S. District Judge Karen Caldwell, sitting by designation on the appeals court, and U.S. Circuit Judge John Rogers. U.S. Circuit Judge Helene White was sole dissent in the stay decision. Each of the judges were appointed and confirmed by former President George W. Bush during his administration.

In her dissent, White writes the stay in the Utah case isn’t controlling for the Michigan marriages and says the state didn’t make a sufficient argument that it would succeed in the case on appeal.

“Michigan has not made the requisite showing,” White writes. “Although the Supreme Court stayed the permanent injunction issued by the Utah District Court in Kitchen v. Herbert pending final disposition by the Tenth Circuit, it did so without a statement of reasons, and therefore the order provides little guidance. I would therefore apply the traditional four-factor test, which leads me to conclude that a stay is not warranted.”

Although Friedman didn’t include a stay as part of his ruling, the Sixth Circuit instituted a temporary stay on the weddings after an estimated 315 marriage licenses were distributed to same-sex couples in Ingham, Washtenaw, Muskegon and Oakland counties.

Legal experts who spoke with the Washington Blade over the weekend say they didn’t think the Sixth Circuit needed to place a stay on Michigan same-sex marriages because the Supreme Court’s stay on same-sex marriages in Utah wasn’t controlling and numerous courts have ruled in favor of marriage equality since the stay decision in that case.

In a filing before the Sixth Circuit on Tuesday, attorneys for the plaintiff same-sex couples in the case, April DeBoer and Jane Rowse, made similar arguments to make the case that the court should allow the same-sex weddings to continue pending the outcome of the litigation.

“Permitting loving same-sex couples to marry pending the outcome of this appeal will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will not harm the state in any way; permitting the children of loving same-sex couples to have two legally recognized parents will better protect these children and will keep the state from continuing to ‘impair the rights of’ these children,'” the attorneys write.

Attorneys for Oakland County Clerk Lisa Brown, who assisted as a defendant in litigation against Michigan’s same-sex marriage ban, argued in a separate filing the court should reject a stay because it would harm same-sex couples living in the state.

“Couples and their families who want the legal protection and recognition of marriage will experience real harm if a stay is granted by this Court,” the attorneys write. “Defendant Brown will be forced to discriminate against couples and their families if a stay is granted. The State risks losing residents who can no longer live in a State that treats them and their families like second class citizens. They can no longer stay in a State that leaves them and their children legally vulnerable.”

But Michigan Attorney General Bill Schuette, who’s been defending Michigan’s ban on same-sex marriage, argued before the Sixth Circuit that the court must followed precedent by the Supreme Court, noting other federal judges instituted stays when striking down bans on same-sex marriage.

“As to the merits of the stay itself, none of the plaintiffs’ arguments overcome a simple fact: the Supreme Court has already addressed precisely this situation — a federal district court striking down a state marriage amendment — and concluded that a stay pending appeal was necessary,” Schuette writes.

In the event that the Sixth Circuit denied the stay pending appeal, Schuette requested a two-day temporary stay from the court so it could seek a stay from Supreme Court without same-sex marriages taking place in Michigan.

Plaintiffs in the case charged the state never formally asked for a stay from the district court, saying that was appropriate venue to ask for a stay. But in its filing, the state asserts it orally requested a stay during arguments.

Now that the Sixth Circuit has issued a stay, plaintiffs could appeal the stay decision the Supreme Court, but observers say a different outcome is unlikely.

Dana Nessel, one the plaintiffs’ attorneys in the lawsuit, said plaintiffs “have no plans to appeal” the stay decision at this time.

One lingering question is whether the state and the federal government will recognized the same-sex marriages already performed in Michigan over the weekend. In Utah, the results were split: the state elected not to recognize its marriage, but U.S. Attorney General Eric Holder said the federal government would recognize the unions.

Neither Michigan nor the federal government has definitively weighed on in the issue. The Associated Press quoted a spokesperson for Michigan Gov. Rick Snyder as saying the state won’t yet recognize the marriages until a decision was made on the stay pending appeal, and the Justice Department told the Blade situation remains under review.

Via Twitter, Brown called on the Snyder to recognize the same-sex marriages performed in the state, suggesting if he refused to do so, voters should elect the Democratic gubernatorial candidate in the 2014 election.

“When will Gov Snyder act like a leader and recognize the hundreds of MI citizens who married on Sat?” Brown tweeted. “MI needs true leadership.”

CORRECTION: An initial version of this article incorrectly reported Judge White was a Clinton appointee. She was initially named by Clinton, but wasn’t confirmed by the Senate under his administration. George W. Bush renamed her and the Senate confirmed her under his watch. The Blade regrets the error.

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Venezuela

AHF client in Venezuela welcomes Maduro’s ouster

‘This is truly something we’ve been waiting for’ for decades

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(Image by Tindo/Bigstock)

An AIDS Healthcare Foundation client who lives in Venezuela told the Washington Blade he welcomes the ouster of his country’s former president.

The client, who asked the Blade to remain anonymous, on Thursday said he felt “joy” when he heard the news that American forces seized Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation on Jan. 3.

“This is truly something we’ve been waiting for for 26 or 27 years,” the AHF client told the Blade.

Hugo Chávez became Venezuela’s president in 1999. Maduro succeeded him in 2013 after he died.

“I’ve always been in opposition,” said the AHF client, who stressed he was speaking to the Blade in his personal capacity and not as an AHF representative. “I’ve never agreed with the government. When I heard the news, well, you can imagine.”

He added he has “high hopes that this country will truly change, which is what it needed.”

“This means getting rid of this regime, so that American and foreign companies can invest here and Venezuela can become what it used to be, the Venezuela of the past,” he said.

The AHF client lives near the Colombia-Venezuela border. He is among the hundreds of Venezuelans who receive care at AHF’s clinic in Cúcuta, a Colombian city near the Táchira River that marks the border between the two countries.

The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)

The AHF client praised U.S. President Donald Trump and reiterated his support for the Jan. 3 operation. 

“It was the only way that they could go,” he said.

The Venezuelan National Assembly on Jan. 4 swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. The AHF client with whom the Blade spoke said he is “very optimistic” about Venezuela’s future, even though the regime remains in power. 

“With Maduro leaving, the regime has a certain air about it,” he said. “I think this will be a huge improvement for everyone.”

“We’re watching,” he added. “The actions that the United States government is going to implement regarding Venezuela give us hope that things will change.”

Editor’s note: International News Editor Michael K. Lavers has been on assignment in Colombia since Jan. 5.

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Minnesota

Reports say woman killed by ICE was part of LGBTQ community

Renee Nicole Good shot in Minneapolis on Wednesday

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(Screen capture via @maxnextsterak/X)

A U.S. Immigration and Customs Enforcement agent shot and killed a woman in Minneapolis as she attempted to drive away from law enforcement during a protest on Wednesday.

The Star Tribune newspaper identified the victim as Renee Nicole Good, 37, a Minneapolis resident who lived blocks from where she was shot in the Central neighborhood, according to reports. Donna Ganger, Good’s mother, told the Star Tribune that her daughter lived in the Twin Cities with her wife.

Multiple videos of the shooting have gone viral on social media, showing various angles of the fatal incident — including footage that shows Good getting into her car and attempting to drive away from law enforcement officers, who had their weapons drawn.

In the videos, ICE agents can be heard telling Good to “get out of the fucking car” as they attempted to arrest her. Good, who press reports say was married to a woman, ended up crashing her car into an electric pole and other vehicles. She was later transported from the scene of the shooting and died at the hospital.

President Donald Trump defended the ICE agent on Truth Social, saying the officer was “viciously” run over — a claim that coincides with Homeland Security Secretary Kristi Noem’s assessment of the situation. Noem, a South Dakota Republican, insisted the officer “fired defensive shots” at Good after she attempted to run over law enforcement agents “in an attempt to kill them — an act of domestic terrorism.”

Multiple state and local officials disputed claims that the shooting was carried out in self-defense at the same time Noem was making those assertions.

An Instagram account that appears to belong to Good describes her as a “poet and writer and wife and mom and shitty guitar strummer from Colorado; experiencing Minneapolis, MN,” accompanied by a rainbow flag emoji.

A video posted to X after the shooting shows a woman, reportedly her wife, sitting on the ground, crying and saying, “They killed my wife. I don’t know what to do.”

“We’ve dreaded this moment since the early stages of this ICE presence in Minneapolis,” Mayor Jacob Frey said during a Wednesday press conference. “Having seen the video myself, I want to tell everybody directly that [the DHS’s claim of self-defense] is bullshit. This was an agent recklessly using power that resulted in somebody dying, getting killed.”

“I have a message for ICE. To ICE, get the fuck out of Minneapolis,” Frey continued. “We do not want you here. Your stated reason for being in this city is to create some kind of safety, and you are doing exactly the opposite. People are being hurt. Families are being ripped apart. Long-term Minneapolis residents that have contributed so greatly to our city, to our culture, to our economy are being terrorized, and now somebody is dead. That’s on you, and it’s also on you to leave.”

Across the Capitol, members of the House and the Senate condemned the actions of the officer.

“There’s no indication she’s a protester, there’s nothing that at least you can see on the video, and therefore nothing that the officers on the ground could see that identify her as someone who’s set out to try to do harm to an ICE officer,” U.S. Sen. Elizabeth Warren (D-Mass.) said Wednesday night on MS NOW’s “The Weeknight.”

“There is no evidence that has been presented to justify this killing,” House Minority Leader Hakeem Jeffries (D-N.Y.) said in a statement on his website. “The masked ICE agent who pulled the trigger should be criminally investigated to the full extent of the law for acting with depraved indifference to human life.”

“ICE just killed someone in Minneapolis,” U.S. Rep. Robert Garcia (D-Calif.) the highest-ranking Democrat on the House Oversight Committee, posted on X. “This administration’s violence against communities across our country is horrific and dangerous. Oversight Democrats are demanding answers on what happened today. We need an investigation immediately.”

In a statement to the Advocate, Human Rights Campaign President Kelley Robinson wrote, “Today, a woman was senselessly killed in Minneapolis during an ICE action — a brutal reminder that this agency and the Trump regime put every community at risk, spreading fear instead of safety. Reports that she may have been part of the LGBTQ+ community underscore how often the most vulnerable pay the highest price.”

National LGBTQ Task Force President Kierra Johnson also responded to Good’s death.

“We recognize and mourn the loss of Renee Nicole Good and extend our condolences to her family, loved ones, and community,” said Johnson in a statement. “This loss of life was preventable and reprehensible, particularly coming at the hands of federal agents.”

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National

U.S. in midst of ‘genocidal process against trans people’: study

Attacks rooted in Nazi ideology’s views on gender

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President Trump’s administration has orchestrated myriad attacks on the trans community. (Washington Blade file photo by Michael Key)

Earlier this week, the Lemkin Institute for Genocide Prevention and Human Security issued a haunting warning. Dr. Elisa von Joeden-Forgey, president of the Lemkin Institute, stated that the U.S. is in the “early-to-mid stages of a genocidal process against trans and nonbinary and intersex people.” Dr. Gregory Santon, former president of the International Association of Genocide Scholars, flags “a hardening of categories” surrounding gender in a “totalitarian” way. 

Stanton argues that this is rooted in Nazi ideology’s surrounding gender — this same regime that killed many LGBTQIA individuals in the name of a natural “binary.” As Von Joeden-Forgey said, the queer community, alongside other “minority groups, tends to be a kind of canary in the coal mine.” 

In his first year in office, Trump and his Cabinet’s anti-trans rhetoric has only intensified, with a report released late September by journalist Ken Klippenstein in which national security officers leaked that the FBI is planning to classify trans people as “extremists.” By classifying trans people as “Nihilistic Violent Extremists,” far-right groups would have more “political (and media) cover,” as Abby Monteil reports for them, for anti-trans violence and legislation. 

While the news is terrifying, it’s not unprecedented – the fight against trans rights and classification of trans people as violent extremists was included in Project 2025, and in the past several weeks, far-right leaders’ transphobic campaign has expanded: boycotting Netflix to pressure the platform to remove trans characters, leveraging anti-trans attack ads in the Virginia governor’s race and banning professors from acknowledging that trans people exist. In fact last month, two Republican members of Congress called for the institutionalization of trans people

It’s a dangerous escalation of transphobic violence that the Human Rights Campaign has classified as an epidemic. According to an Everytown for Gun Safety report published in 2020, the number of trans people murdered in the U.S. almost doubled between 2017 and 2021. According to data released by the Gun Safety report from February 2024, 34 percent of gun homicides of trans, nonbinary, and gender expansive people remain unsolved

As Tori Cooper, director of Community Engagement for the Transgender Justice Initiative for the Human Rights Campaign Foundation, this violence serves a purpose. “The hate toward transgender and gender expansive community members is fueled by disinformation, rhetoric and ideology that treats our community as political pawns ignoring the fact that we reserve the opportunity to live our lives full without fear of harm or death,” Cooper said.

“The genocidal process,” Von Joeden-Forgey said, “is really about destroying identities, destroying groups through all sorts of means.” And just like the Nazi regime, former genocide researcher Haley Brown said, the Trump administration is fueling conspiracy theories surrounding “cultural Marixsm” — the claim that leftists, feminists, Marxists, and queer people are trying to destroy western civilization. This term, Brown states, was borrowed directly from the Nazi’s conspiracies surrounding “Cultural Bolshevism.”

As Brown explains, historians are just beginning to research the Nazis’ anti-trans violence, but what they are finding reveals a terrifying pattern wherein trans people are stripped of their identification documents, arrested and assaulted, and outright killed. 

Before World War II, Germany – especially Berlin – was a hub for transgender communities and culture. In 1919, Dr. Magnus Hirschfield, a Jewish gay sexologist and doctor, founded the Institut für Sexualwissenschaft, the Institute for Sexual Science. The Institute was groundbreaking for offering some of the first modern gender-affirming healthcare, with a trans-affirming clinic and performing some of the first gender-affirming surgeries in the 1930s for trans women Dora Richter and Lili Elbe. 

Researchers at the institute coined the term “trassexualism” in 1923, which while outdated now, was the first modern term that Dr. Hirschfield used when working with Berlin police to acquire “transvestite passes” for his patients to help them avoid arrest under public nuisance and decency laws. During the Weimar Republic, trans people could also change their names although their options were limited. In Berlin, queer press flourished after World War I along with a number of clubs welcoming gay, lesbian and trans clientele, including Eldorado, which featured trans performers on stage. 

But as Hitler rose to power, trans people were targeted. In 1933, Nazi youth and members of the Sturmabteilung ransacked the institute, stealing and burning books – one of the first book burnings of the Nazi regime. German police stopped recognizing the “transvestite” passes and issuing new ones, and under Paragraph 175, which criminalized sexual relationships with men, trans women (who were misgendered by the police) were arrested and sent to concentration camps. 

As the Lemkin Intsitute for Genocide Prevention and Human Security wrote in a statement

“The Nazis, like other genocidal groups, believed that national strength and existential 

power could only be achieved through an imposition of a strict gender binary within the racially pure ‘national community.’ A fundamentalist gender binary was a key feature of Nazi racial politics and genocide.”

History professor Laurie Marhoefer wrote for The Conversation that while trans people were targeted, there was not extensive discussion of them by the regime. But there was evidence of the transphobia behind the regime’s violence, specifically in Hermann Ferdinand Voss’s 1938 book “Ein Beitrag zum Problem des Transvestitismus.”Voss noted that during the Nazi regime, trans people could and were arrested and sent to concentration camps where they underwent forced medical experimentation (including conversion therapy and castration) and died in the gas chambers.

While there is growing recognition that gay, bisexual, and lesbian individuals were targeted during the Holocaust, few know about the trans genocide through which trans individuals were arrested, underwent forced castration and conversion therapy, and were outright killed alongside gay, lesbian, disabled and Jewish individuals in concentration camps. Historians are just beginning to undertake this research, writes Marhoefer, and to delve further into the complex racial hierarchies that affected how trans people were treated. 

As Zavier Nunn writes for Past & Present, trans people of “Aryan” racial status and those not considered to be homosexuals were sometimes spared from the worst violence and outright murder. Depending on their skills, they could even be considered for rehabilitation into the Volksgemeinschaft, or Nazi utopian community. As Nunn highlights, trans violence was much more nuanced and individualized and should be explored separately from violence against gay and lesbian individuals during the Holocaust.

Marhoefer’s research of violence against trans women, as recorded in police files (as is the persecution of gay and lesbian individuals), is groundbreaking but rare. He gave a talk at the Museum of Jewish Heritage in 2023, shortly after a 2022 civil lawsuit about denial that trans people were victims of the Holocaust. The German court recognized that trans people were victimized and killed by the Nazi regime, but in the United States, there is still a hesitancy by the wider LGBTQ community and leftist groups to acknowledge that we are living during a time of anti-trans violence, that trans people are being used as political scapegoats in order to distract from real problems of accountability and transparency around government policy.

As anti-trans legislation escalates, it’s important to remember and call out how trans violence is not only a feminist issue, it’s a human rights one as well. While Shannon Fyfe argues that the current campaigns against trans people may not fit the traditional legal definition of a genocide, the destruction and denial of life saving care, access to public spaces, and escalating violence is still immensely devastating. 

Kaamya Sharma also notes that the term “genocide” has deep geo-political implications. As she explained, “western organisations are, historically and today, apathetic to the actual lives of people in the Global South, and put moral posturing above Brown and Black lives,” so the choice to use “genocide” is a loaded one. But as the Lemkin Institute for Genocide Prevention and Human Security writes in the same statement: “The ideological constructs of transgender women promoted by gender critical ideologues are particularly genocidal. They share many features in common with other, better known, genocidal ideologies. Transgender women are represented as stealth border crosses who seek to defile the purity of cisgender women, much as Tutsi women were viewed in Hutu Power ideology and Jewish men in Nazi antisemitism.”

Trans people are not extremists, nor are they grooming children or threatening the fabric of American identity – they are human beings for whom (like all of us) gender affirming care is lifesaving. As we remember the trans lives lost decades ago and those lost this year to transphobic violence, knowing this history is the only way to stop its rewriting.  

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