Jonny is fresh back from the annual winter retreat of Gay Spirit Visions' winter gathering where the theme was protecting our joy while we live through a dumpster fire. Heather helps him unpack the necessity to be aware of the dumpster fire even as we choose to put our energies elsewhere. They review several of the last week's turns in the news that build the flames even as Minnesota learns to use ice against ICE. In the back half of the show they turn to a disturbing trend in declining support for LGBTQ+ rights, including marriage equality, even among younger members of the population. They explore various factors that might have caused it and recent trends in popular culture that give them hope declining support is more of a temporary dip than the edge of a cliff.

For years, Democrats and pundits have rolled their eyes at Gavin Newsom. But he’s positioned better than anyone else for the future of politics.

Rick Garcia, a legendary pioneer for LGBTQ civil rights and a fierce advocate for inclusive faith, has died at 66. From the halls of Springfield to the steps of the Cathedral, Rick spent decades fight...

Rick Garcia, a legendary pioneer for LGBTQ civil rights and a fierce advocate for inclusive faith, has died at 66. From the halls of Springfield to the steps of the Cathedral, Rick spent decades fight...

From same-sex marriage to early childhood education, the Reiners' philanthropy had an impact in California.

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🌈 On This Day in LGBTQ+ History — December 27 ⭐ December 27, 2013 — Federal protections for LGBTQ+ families expand nationwide following the Windsor decision By this day in 2013, federal agencies ac...

In Japan, a Tokyo court has ruled that the country's ban on same-sex marriage is constitutional.

_Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news._ Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give us feedback. A Waco justice of the peace who refused to marry same-sex couples filed a federal lawsuit Friday that asks the courts to overturn Obergefell v. Hodges, the 2015 Supreme Court decision that recognized same-sex marriage nationwide. The case, filed by Judge Dianne Hensley against the State Commission on Judicial Conduct, asserts that the Obergefell ruling was unconstitutional because it “subordinat[ed] state law to the policy preferences of unelected judges.” Hensley is represented by Jonathan Mitchell, a conservative attorney best known as the architect of Texas’ 2021 abortion ban that skirted around the legal protections of Roe v. Wade. “The federal judiciary has no authority to recognize or invent ‘fundamental’ constitutional rights,” Mitchell wrote. In November, the U.S. Supreme Court declined to take up a similar case from Kim Davis, a former Kentucky county clerk. While Mitchell acknowledged that a lower court does not have the authority to overturn a Supreme Court precedent, he indicated in the filing that he was introducing this argument now with the hopes of the case eventually reaching the high court. Hensley’s case goes back to 2015, soon after the Supreme Court’s decision, when she opted to stop performing marriages due to her religious opposition to same-sex marriage. The next year, she resumed performing marriages for opposite-sex couples and began referring same-sex couples to other officiants. In 2018, the State Commission on Judicial Conduct opened an inquiry and in 2019, Hensley received a public warning for violating a canon of judicial conduct, which prohibits judges from doing things outside their judicial role that would cast doubt on their ability to act impartially. She sued in state court, and last year, after the Texas Supreme Court allowed her case to go forward, the judicial conduct commission withdrew its previous warning. Meanwhile, another judge sued, seeking assurances that he would not be penalized for marrying only opposite-sex couples. Earlier this year, the 5th U.S. Circuit Court of Appeals revived that case and sent it back to the Texas Supreme Court to get clarity on the state law. In response, the Texas Supreme Court amended the judicial canon that had been used to discipline Hensley, adding as a comment that “it is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.” The State Commission on Judicial Conduct — Texas’ judicial oversight body — said in a filing earlier this month that this comment does not amount to permission for judges to perform weddings for opposite-sex couples but not same-sex couples. “The comment only gives a judge the authority to ‘opt out’ of officiating due to a sincere religious belief, but does not say that a judge can, at the same time, welcome to her chambers heterosexual couples for whom she willingly offers to conduct marriage ceremonies,” lawyers for the commission wrote. Lawyers for the commission did not respond to a request for comment. Mitchell said in the new lawsuit, filed in federal court in Waco, that this “astounding position” leaves Hensley at the same risk of discipline that she faced in 2016. The lawsuit asks the judge to block the commission from investigating and disciplining Hensley and declare that the commissioners have violated her constitutional rights. And, Mitchell wrote, the courts should take this opportunity to overturn Obergefell v. Hodges and throw the question of same-sex marriage back to the states, as they did with abortion in the Dobbs case. “The Commission’s bullying of Judge Hensley and its menacing behavior toward other Christian judges is the direct result of the Supreme Court’s pronouncement in Obergefell that homosexual marriage is a constitutional right,” Mitchell wrote. “There is nothing in the language of the Constitution that even remotely suggests that homosexual marriage is a constitutional right.” _Learn about The Texas Tribune’s policies, including our partnership with The Trust Project to increase transparency in news._ **_You've read_** **_**_**__**_**article this month. You have unlimited free articles remaining because we don't have a paywall._** **Texans need the truth. Help us report it.** Independent Texas reporting needs your support. The Texas Tribune delivers fact-based journalism for Texans, by Texans — and our community of members, the readers who donate, make our work possible, Help us bring you and millions of others in-depth news and information. Will you support our nonprofit newsroom with a donation of any amount? ### Support Independent Texas News ## Become a member. Join today. Choose an amount or learn more about membership. $18 $20 $25 Other Donate Now **_You've read_** **_**_**__**_**articles this month. You have unlimited free articles remaining because we don't have a paywall._** **Texans need the truth. Help us report it.** Independent Texas reporting needs your support. The Texas Tribune delivers fact-based journalism for Texans, by Texans — and our community of members, the readers who donate, make our work possible, Help us bring you and millions of others in-depth news and information. Will you support our nonprofit newsroom with a donation of any amount? ### Support Independent Texas News ## Become a member. Join today. Choose an amount or learn more about membership. $18 $20 $25 Other Donate Now

Rob Reiner is remembered for his iconic films and pivotal advocacy for marriage equality following his tragic death in Los Angeles.

The European Union’s (EU) top court ruled that all EU member states are obliged to recognize a same-sex marriage between two EU citizens that had been