A federal judge on Wednesday ruled Texas’ constitutional amendment that defines marriage as between a man and a woman is unconstitutional.

U.S. District Judge Orlando L. Garcia said in response to a lawsuit filed by two same-sex couples the state’s gay marriage ban violates the 14th Amendment’s Equal Protection Clause. He stayed his ruling pending an appeal.

“After careful consideration, and applying the law as it must, this court holds that Texas’ prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process,” wrote Garcia. “Texas’ current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason.”

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Vernita Gray and Patricia Ewert, the first same-sex couple to be wed in Illinois, at their previous civil union in 2011. (Photo via LGBTQNation)

BY CHRIS JOHNSON
Washington Blade

A federal court in Illinois ruled on Friday gay couples can marry immediately in the Chicago-area Cook County without waiting for the marriage equality law to take effect in June. Meanwhile, LGBT advocates behind the lawsuit are interpreting the decision to mean clerks across the state should begin granting marriage licenses to same-sex couples.

“There is no reason to delay further when no opposition has been presented to this Court and committed gay and lesbian couples have already suffered from the denial of their fundamental right to marry,” U.S. District Judge Sharon Johnson Coleman, an Obama appointee, writes.

Although Gov. Pat Quinn signed into law a bill legalizing same-sex marriage in Illinois, the measure won’t take effect until June.

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Ever since the Supreme Court ruled against the Defense of Marriage Act last year, the Obama administration has been rolling out on a continual basis new federal benefits for married same-sex couples — but access to some benefits remains uncertain months after the decision.

While the administration has afforded a preponderance of the 1,138 federal benefits of marriage to same-sex couples, other benefits — including Social Security, veterans and family leave benefits — are still in limbo for those living in non-marriage equality states. For these benefits, federal policy looks to the place of residence, not the place of celebration, in determining whether a person is married.

The policy of the Obama administration has been to expand benefits to married same-sex couples to the furthest extend possible under the law following the court decision against DOMA. That position was formalized last week in a memo from U.S. Attorney General Eric Holder extending certain federal benefits under the purview of the Justice Department to married gay couples.

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Former Italian lawmaker Vladimir Luxuria

BY MICHAEL K. LAVERS
Washington Blade

A transgender former Italian parliamentarian on Monday was reportedly arrested for the second time in less than a day at the 2014 Winter Olympics in Sochi, Russia.

Imma Battaglia of the Gay Project, an Italian LGBT advocacy group, told the Washington Blade that four police officers took Vladimir Luxuria and two members of the television crew who were with her into custody as they tried to enter the an arena where a semifinal match between the Canadian and Swiss women’s hockey teams was about to take place.

Initial reports indicate officers asked Luxuria, who was wearing a rainbow suit, not to show a rainbow flag with “being gay is ok” written onto it. Luca Possenti of Famiglie Arcobaleno, a group that advocates on behalf of Italian LGBT parents and those who want to have children, told the Blade that officers arrested Luxuria after she began shouting the slogan in front of cameras.

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Dear Michael,

Valentine’s Day is here and I’m going to be celebrating with my partner of 15 years. We’ll go out for an intimate dinner and then — nothing. While our friends see us as the perfect couple — and in many ways we are — we never have sex anymore. We have a beautiful home, a garden, two children and a dog; enjoy snuggling on the couch while we watch a movie and cooking together; have lots to talk about, and are best friends; but the spark has been gone for some time.

Is there any way around this? We’re not eager to open our relationship because we’re fearful of how it might affect our marriage and our family. We both miss sex and certainly find other people attractive. In fact, we find each other attractive — we’re both in great shape. But having sex somehow clashes with our relationship. I know this may sound crazy, but it seems strange to even think about being sexual with someone I love so much and feel so close to.

Any ideas?

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Editor’s note: This week, the Washington Blade kicks off a special yearlong focus on poverty in the LGBT community. The occasional series will examine the problem with special reports from D.C. and around the country. To share your ideas or personal story, visit us on Facebook or email knaff@washblade.com.

As the 50th anniversary of the U.S. war on poverty launched by President Lyndon B. Johnson in 1964 is commemorated this year, LGBT advocates are pointing to little noticed studies showing that the rate of poverty in the LGBT community is higher than that of the general population.

In a 2013 report analyzing data from the U.S. Census Bureau and other data measuring poverty in the United States, the Williams Institute, a research arm at the University of California Law School in Los Angeles that specializes in LGBT issues, concludes that rates of poverty are higher than the general population among gay men and lesbians between the ages of 18-44 and gay men and lesbians living alone.

The report shows that couples — both gay and straight — tend to have a lower rate of poverty than single people and the population as a whole. But it found that the poverty rate for lesbian couples is higher than that of gay male couples and opposite-sex couples and the poverty rate of same-sex African-American couples is higher than it is for opposite-sex African-American couples.

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A federal judge Thursday has struck down Virginia’s constitutional amendment that defines marriage as between a man and a woman is unconstitutional.

“The court is compelled to conclude that Virginia’s marriage laws unconstitutionally deny Virginia’s gay and lesbian citizens the fundamental freedom to choose to marry,” said Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia. “Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family.”

Wright repeatedly referenced the U.S. Supreme Court’s landmark 1967 ruling that struck down Virginia’s interracial marriage ban in her 41-page decision.

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Plaintiffs Joanne Harris and Jessi Duff (top) and Christy Berghoff and Victoria Kidd (bottom). Photo courtesy of the ACLU.

BY MICHAEL K. LAVERS
Washington Blade

A federal judge on Friday certified a lawsuit that two lesbian couples from the Shenandoah Valley filed against Virginia’s same-sex marriage ban as a class action.

Judge Michael F. Urbanski of the U.S. District Court for the Western District of Virginia in Harrisonburg ruled any same-sex couple in the commonwealth who is not married or legally exchanged vows in another jurisdiction can join the women’s lawsuit.

The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia last August challenged the state’s constitutional amendment that defines marriage as between a man and a woman on behalf of Christy Berghoff and Victoria Kidd of Winchester and Joanne Harris and Jessica Duff in Staunton.

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In a departure from previous public comments from the Obama administration, White House counselor John Podesta said on Friday an executive order barring LGBT discrimination among federal contractors is “under consideration.”

During an interview with Bloomberg News’ Al Hunt, Podesta made the remarks when asked if President Obama would issue a heavily sought-after executive order prohibiting federal contractors from discriminating on the basis of sexual orientation or gender identity.

“Well, what he said in the State of the Union was he was going to require federal contractors to pay a minimum wage of $10.10,” Podesta said. “The order that you’re talking about is under consideration at the White House. We’re looking at that.”

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Hudson Taylor, founder of Athlete Ally, has been granted a visa for travel to Russia where he intends to raise awareness for LGBT rights during the Sochi 2014 Winter Olympics, which will be held from Feb. 7-23.

Athlete Ally has partnered with the Principle 6 campaign, which uses the language of the Olympic Charter to allow athletes and fans to speak out against discrimination during the Sochi Games without violating Russian anti-gay laws or the Olympic ban on political speech.

Principle Six is based on a convention of the IOC charter that states that any form of discrimination on the basis of race, religion, politics, gender or otherwise is incompatible with the Olympic movement.

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