Photo: Eric Holder. Credit: The Aspen Institute/flickr.
Attorney General Eric Holder announced Friday that marriages taking place in states impacted by the U.S. Supreme Court’s decision not hear several cases challenging same-sex marriage bans will be recognized by the federal government.
“I am pleased to announce that the federal government will recognize the same-sex marriages now taking place in the affected states, and I have directed lawyers here at the Department of Justice to work with our colleagues at agencies across the Administration to ensure that all applicable federal benefits are extended to those couples as soon as possible,” Holder said in a video released by the Justice Department. “We will not delay in fulfilling our responsibility to afford every eligible couple, whether same-sex or opposite-sex, the full rights and responsibilities to which they are entitled.”
On Oct. 6, the U.S. Supreme Court declined to hear arguments in cases challenging same-sex marriage bans in five states — Utah, Oklahoma, Virginia, Indiana and Wisconsin — thus allowing lower court decisions legalizing marriage equality in those states to stand. Because the Supreme Court left intact rulings by the 4th Circuit, 7th Circuit and 10th Circuit Courts of Appeals striking down same-sex marriage bans in those five states, those appeals courts’ decisions applied to six other states in those three circuits: West Virginia, North Carolina, South Carolina, Kansas, Colorado and Wyoming.
One day later, in a decision unrelated to the Supreme Court’s Monday decision, the 9th Circuit Court of Appeals ruled unanimously that same-sex marriage bans in both Idaho and Nevada are unconstitutional. The three judge panel heard arguments last month considering the bans, as well as Hawaii’s, although the Hawaii ban is defunct since same-sex marriage was legalized by the state Legislature. That decision is expected to apply to Alaska, Arizona and Montana, which are covered by the 9th Circuit.
Due to those two decisions by the Supreme Court and the 9th Circuit, marriage equality is on the path to being legalized in a total of 35 states, plus D.C.
“With their long-awaited unions, we are slowly drawing closer to full equality for lesbian, gay, bisexual, and transgender Americans nationwide,” continued Holder, who announced last month that he would step down as attorney general once a successor is nominated and confirmed.
Although every federal appeals court to consider same-sex marriage bans have struck them down, Holder noted that a split among the circuit courts could occur, alluding to a long-awaited decision by the 6th Circuit Court of Appeals. That court, when considering the constitutionality of same-sex marriage bans in in Michigan, Ohio, Tennessee and Kentucky this past August, appeared most skeptical to ruling on the side of marriage equality. The court has not yet issued decisions in those cases.
“[I]f a disagreement does arise, the Supreme Court may address the question head-on,” Holder said. “If that happens, the Justice Department is prepared to file a brief consistent with its past support for marriage equality.”
David Green, the founder of the conservative Christian retailer Hobby Lobby, donated hundreds of thousands of dollars to Them Before Us, an anti-LGBTQ organization behind the Greater Than Campaign, a national effort seeking to overturn the Supreme Court's marriage equality ruling.
Them Before Us, the lead organization behind the Greater Than campaign, was founded in 2018. It advocates against marriage rights for LGBTQ couples based on the presumption that being raised by same-sex parents is harmful to children.
IRS reports show that, for its first few years, Them Before Us had less than $50,000 in revenue. But after the Supreme Court overturned Roe v. Wade, which had guaranteed a national right to abortion, the group's revenue surged. In 2022, it received $200,000, growing to nearly $1 million in 2024, with founder and president Katy Faust collecting a salary of $135,000.
U.S. attitudes toward gay marriage, same-sex relations, and transgender identity have continued to decline after reaching peak levels several years ago, according to recent polling.
The backslide in terms of viewing LGBTQ issues in a favorable light has been driven largely by a decrease in pro-LGBTQ views among Republicans, according to Gallup, which surveyed more than 1,000 U.S. adults from May 1 to May 17, 2026.
Starting in 1996, Gallup has annually asked, as part of its Values and Beliefs Survey, whether Americans support same-sex marriage. In the first year, only 27% of U.S. adults said they supported it. That number gradually increased, with significant gains each year after 2010, peaking at 71% in 2022 and 2023. In 2024, support fell to 69% and has continued to decline ever since.
A grand jury concluded that Syracuse City Judge Felicia Pitts-Davis discriminated against a lesbian couple by refusing to marry them and then attempted to conceal her actions, recommending that she be removed from the bench.
In a June 5 ruling, the Appellate Division of the Fourth Judicial Department ordered that the December 2024 grand jury report be unsealed. The report was made public over the weekend.
"Judge Pitts-Davis laid bare her bigotry towards homosexual people and her willingness to put her personal feelings above her oath as an official charged with discharging the law," the report states.
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