News
Snyder suspends benefits for Michigan same-sex marriages
Governor acknowledges couples legally married, but withholds benefits until stay lifted
Gov. Rick Snyder (R-Mich.) won’t recognize same-sex marriages performed in Michigan (Photo by Major.guy2012; courtesy Wikimedia Commons)
Still, Snyder acknowledged the more than 300 same-sex weddings that took place on Saturday were legally valid.
“After comprehensive legal review of state law and all recent court rulings, we have concluded that same-sex couples were legally married at county clerk offices in the time period between U.S. District Judge [Friedman’s] ruling and the Sixth U. S. Circuit Court of Appeals temporary stay of that ruling,” Snyder said in a statement.
But Snyder continued the state will suspend benefits afforded to the couples “in accordance with the law” until the stay on the weddings from the U.S. Sixth Circuit Court of Appeals is lifted.
“Because the stay brings Michigan law on this issue back into effect, the rights tied to these marriages are suspended until the stay is lifted or Judge Friedman’s decision is upheld on appeal,” Snyder said.
Same-sex couples obtained marriage licenses over the weekend in Ingham, Washtenaw, Muskegon and Oakland counties after a district court ruled the state’s ban on same-sex marriage was unconstitutional. Snyder and Michigan Attorney Bill Schuette appealed the ruling to Sixth Circuit and asked judges to halt the weddings with a stay, which was granted Tuesday.
A spokesperson for the American Civil Liberties Union of Michigan, which reportedly had threatened to sue if the Michigan doesn’t recognize the same-sex marriages, said Wednesday the organization is looking at options.
“As a matter of law and fundamental fairness, the state is obligated to extend all the rights and responsibilities that flow from marriage to the more than 300 couples married this weekend,” Rana Elmir said. “Doing anything less violates our laws, treats legally married gay and lesbian couples like second-class citizens, and adds to the confusion and instability these loving families have had to endure. We will continue to explore legal options on behalf of these couples and encourage those who have been denied the benefits of marriage to contact us.”
But Elmir said her organization is pleased that Snyder said the unions are legally valid because that “opens the door” for federal recognition of the marriages. She said the Obama adminstration should “absolutely” recognize the unions because “there is no doubt that these marriages are valid.”
The question still lingers over whether the federal government will recognize the same-sex marriages performed in Michigan. In Utah, when a district court ruling enabled 1,300 same-sex couples to wed before a stay was instituted by the U.S. Supreme Court, Gov. Gary Herbert said his state won’t recognize the unions, but U.S. Attorney General Eric Attorney said they’re valid in the eyes of the Obama administration.
Allison Price, a Justice Department spokesperson, said her earlier comment that the Obama administration is “closely monitoring the situation” still stands as of Wednesday afternoon.
Speaking with reporters on Wednesday, Snyder refused to articulate his position on same-sex marriage, saying he’s focused on jobs and the economy.
“I’m not going to go back and rehash a sentence in one debate from four years ago,” Snyder said. “I’ve been focused on jobs, it’s my main message, and I’m staying consistent with that.”
According to Crain’s Detroit Business, Snyder told reporters on Wednesday that his office had to make legal decision on whether the marriages were valid on his own because Schuette didn’t respond to a request to meet.
“We did our own research,” Snyder was quoted as saying. “We believe this is the appropriate position to take.”
Joy Yearout, a Schuette spokesperson, responded to the report to the Washington Blade by saying the governor and the attorney general often speak, but those discussions are kept under wraps.
“The Department of Attorney General and the Governor’s office talk all the time,” Yearout said. “Those conversations are confidential. The Governor’s written statement speaks for itself, and as the Attorney General has said all along, these issues will ultimately be sorted out by the courts, just as they have in other states. The sooner these questions are answered, the better.”
Yearout didn’t respond to a follow-up question on whether she denies Snyder’s comments that Schuette never followed up on a request to meet about the same-sex marriages.
Snyder makes his announcement as his pursues re-election in a 2014 gubernatorial election where Democrat Mark Schauer will be his likely challenger in the general election.
Rep. Dan Kildee (D-Mich.) was among the Democrats criticizing Snyder for his decision not to recognize the unions in the aftermath of the announcement.
“Today Governor Rick Snyder double downed on ambivalence,” Kildee said. “As a leader, you either support equality for all loving couples or you don’t. It’s that simple. This is not a complicated question. Governor, do you support equality for all Michiganders? Or is that not on your agenda?”
Emily Dievendorf, executive director of the statewide LGBT group, Equality Michigan, also took aims at Snyder, saying she finds his actions “despicable.”
“Equality Michigan finds it despicable that a Governor claiming to stand for families, children, and the economy would side with his out-of-touch Attorney General and continue this wasteful crusade to harm Michigan families,” Dievendorf said. “The DeBoer-Rowse family and their legal team will continue to defend our families in court, and the efforts by people like East Lansing Mayor Nathan Triplett and Ingham County Clerk Barb Byrum to get the government to recognize these marriages will not be forgotten. Equality Michigan calls on the Governor to end the second-class treatment of LGBT families in Michigan and the executive branch’s attack on marriage equality.”
CORRECTION: An initial version of this article misspelled Rep. Dan Kildee’s name and said he was criticizing Mark Schauer. The Blade regrets the error.
Virginia
Arlington LGBTQ bar Freddie’s celebrates 25th anniversary
Owner asks public to support D.C.-area gay bars
An overflowing crowd turned out Sunday night, March 1, for the 25th anniversary celebration of Freddie’s Beach Bar, the LGBTQ bar and restaurant located in the Crystal City section of Arlington, Va.
The celebration began as longtime patrons sitting at tables and at the bar ordered drinks, snacks, and full meals as several of Freddie’s well-known drag queens performed on a decorated stage.
Roland Watkins, an official with Equality NoVa, an LGBTQ advocacy organization based in the Northern Virginia areas of Arlington, Alexandria, and Fairfax County, next told the gathering about the history of Freddie’s Beach Bar and the role he said that owner Freddie Lutz has played in broadening the bar’s role into a community gathering place.
“Twenty-five years ago, opening a gay bar in Arlington was not a given,” Watkins told the crowd from the stage. “It took courage, convincing, and a deep belief that our community belongs openly, visibly, and proudly,” he said. “And that belief came from Freddie.”
Watkins and others familiar with Freddie’s noted that under Lutz’s leadership and support from his staff, Freddie’s provided support and a gathering place for LGBTQ organizations and a place where Virginia elected officials, and candidates running for public office, came to express their support for the LGBTQ community.
“Over the past 25 years, Freddie’s has become more than a bar,” Watkins said. “It has become a community maker.”
Lutz, who spoke next, said he was moved by the outpouring of support from long-time customers. “Thank you all so much for coming tonight and thank you all so much for your support over the past 25 years,” he said. “I can’t tell you how much that means to me and how much it’s kept me going.”
But Lutz then said Freddie’s, like many other D.C. area gay bars, continues to face economic hard times that he said began during the COVID pandemic. He noted that fewer customers are coming to Freddie’s in recent years, with a significant drop in patronage for his once lucrative weekend buffet brunches.
“So, I don’t want to be the daddy downer on my 25-year anniversary,” he said. “But this was actually the worst year we’ve ever had,” he added. “And I guess what I’m asking is please help us out. Not just me, but all the gay bars in the area.” He added, “I’m reaching out and I’m appealing to you not to forget the gay bars.”
Lutz received loud, prolonged applause, with many customers hugging him as he walked off the stage.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
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