Local
D.C. judge rejects ballot measure on gay marriage
Opponents of same-sex marriage in the District of Columbia lost their second court challenge in less than a year Thursday when a Superior Court judge ruled that a voter initiative seeking to ban such marriages cannot be placed on the ballot.
Judge Judith Macaluso ruled that the D.C. Board of Elections & Ethics acted properly in November when it rejected a proposed initiative calling for banning same-sex marriages in the city.
The election board said seeking a gay marriage ban was an impermissible subject for a ballot measure because it would violate the city’s Human Rights Act, which bans discrimination based on sexual orientation.
“Today’s decision affirms the District’s effort to make our city open and inclusive,” said D.C. Mayor Adrian Fenty, who signed a same-sex marriage bill last month shortly after the City Council approved it.
City officials and Capitol Hill observes believe the bill will become law the first week in March, when it’s expected to clear a required congressional review of 30 legislative days.
“Thanks to the Superior Court, this historic legislation is now one crucial step closer to being implemented,“ said D.C. Attorney General Peter Nickles, who filed the city’s court brief opposing the ballot initiative.
“Many District residents have waited decades for full marriage rights,” he said. “Their wait will soon be over.”
The case on which Macaluso ruled, Harry Jackson Jr. v. District of Columbia Board of Elections & Ethics, is named for Bishop Harry Jackson, the Beltsville, Md., minister who is leading efforts to ban same-sex marriage in D.C.
Another Superior Court judge ruled against Jackson last year when he filed papers with the election board for a voter referendum to overturn a separate law that authorized the city to recognize same-sex marriages performed in other jurisdictions.
Similar to Thursday’s ruling, the earlier ruling upheld an election board decision rejecting Jackson’s proposed referendum on grounds that it would violate the city’s Human Rights Act.
Among those who signed on as co-plaintiffs with Jackson in the case decided Thursday were Rev. Walter Fauntroy, the city’s former congressional delegate; Ward 5 Advisory Neighborhood Commissioner Robert King; and Rev. Anthony Evans, a D.C. minister.
Attorneys representing Jackson and the other plaintiffs argued in court papers that the right of citizens to propose initiatives and referenda was established as an amendment to the congressionally approved D.C. City Charter. They noted that the restriction used by the city to disqualify initiatives and referenda that would violate the city’s Human Rights Act was established by a regular law passed by the City Council aimed at implementing the City Charter amendment.
According to Jackson and his attorneys, the Council’s restriction on an initiative or referendum seeking to ban same-sex marriage violates the City Charter, which created the initiative and referenda process without such a restriction.
In her ruling Thursday, Macaluso said the City Charter Amendment in question was passed by the City Council before being ratified by Congress. She said it gave the Council full authority to carry out the initiative and referenda process through implementing legislation.
“The most reasonable interpretation of events is that [the] Council … knew what it intended when it directed itself ‘to adopt such acts as are necessary to carry out the purpose of this [charter amendment ]’and that this intention included protection of minorities from the possibility of discriminatory initiatives,” Macaluso says in her ruling.
“Judge Macaluso applied the law impartially in this case, recognizing the D.C. Council’s right to define the initiative process consistent with the D.C. Charter,” said Tom Williamson, one of a team of attorneys who represented same-sex couples in a friend of the court brief supporting the city’s position in the case.
“The decision upholds the Council’s right to broadly protect human rights for all District residents,” said Williamson, who is with the D.C. law firm Covington & Burling, which is providing pro bono legal counsel to the same-sex couples.
Jackson and his fellow plaintiffs in the case could not be immediately reached for comment. They have said in the past that they would likely appeal a decision against them by Macaluso.
But some legal experts, including Williamson, have said Jackson most likely would not be able to appeal the case beyond the D.C. Court of Appeals to the federal courts, including the Supreme Court, because it doesn’t involve a federal constitutional issue.
Thirty-seven Republican members of the House of Representatives and two GOP U.S. senators had filed a separate friend of the court, or amicus, brief backing Jackson’s position in the case.
The GOP lawmakers are expected to take steps through congressional action later this year to overturn the city’s same-sex marriage bill after it becomes law in March. Same-sex marriage supporters, including national LGBT groups such as the Human Rights Campaign, have said they are hopeful that the Democratic controlled Congress will kill any attempt to overturn the marriage law.
“This second, back-to-back ruling by the D.C. Superior Court is an overwhelming victory for fairness, the rule of law and the protection of all D.C. residents against discrimination,” said Joe Solmonese, HRC’s president. “D.C. has the right to govern itself and make its own laws without the interference of 39 Republican members of Congress more interested in scoring cheap political points than in the everyday lives of D.C. residents.”
District of Columbia
Activist hosts Diwali celebration in D.C.
More than 120 people attended Joshua Patel’s party on Nov. 9.
LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.
Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.
Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.
Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party.
“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.
In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”
Patel coined the celebration a “unifier.”
“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”
Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.
The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.
Maryland
Harford school board appeals state’s book ban decision to circuit court
5-2 ruling in response to ‘Flamer’ directive
By KRISTEN GRIFFITH | Marking a historic moment in Maryland’s debate over school library censorship, Harford County’s school board voted Thursday to appeal the state’s unprecedented decision overturning its ban of a young adult graphic novel, pushing the dispute into circuit court.
The 5-2 vote followed a recent ruling from the state board overturning Harford’s ban of the book “Flamer.” In a special meeting Thursday afternoon, board members weighed whether to seek reconsideration or take the matter to circuit court — ultimately opting to appeal.
The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay.
The rest of this article can be found on the Baltimore Banner’s website.
Maryland
Salisbury, Md. rainbow crosswalk removed on Veterans Day
Mayor’s order denounced by LGBTQ activists as act of bigotry
Under the directive of its mayor and over strong objections from LGBTQ rights advocates and their supporters, the city of Salisbury, Md. on Nov. 11 removed a rainbow crosswalk from a prominent intersection across from the mayor’s office and the city’s public library.
Salisbury LGBTQ rights advocate Mark DeLancey, who witnessed the crosswalk removal, said instead of painting over it as other cities have done in removing rainbow crosswalks, a powerful grinding machine was used to rip apart the asphalt pavement under the crosswalk in what he believes was an effort by the mayor to “make a point.”
Like officials in other locations that have removed rainbow crosswalks, Salisbury Mayor Randy Taylor said the crosswalk removal was required under U.S. Department of Transportation regulations put in place by the Trump administration that do not allow “political” messages on streets and roadways.
“Since taking office, I’ve been transparent about my concerns regarding the Pride crosswalks installed in Downtown Salisbury,” Taylor said in a statement. “While I have made every effort to respect the decisions of previous administrations and the folks that supported them, it has become clear that a course of correction – as planned – is necessary to align with current Department of Transportation standards for roadway markings,” he said in his Nov. 7 statement that was posted on the city’s Facebook page.
DeLancey is among the activists and local public officials in many cities and states that dispute that the federal Department of Transportation has legal authority to ban the Pride crosswalks. D.C. and the Northern Virginia jurisdictions of Arlington and Alexandria are among the localities that have refused to remove rainbow crosswalks from their streets.
“He decided to take this on himself,” DeLancey said of Taylor’s action. “It’s not a law. It’s not a ruling of any kind. He just said that was something that should happen.”
DeLancey points out that Salisbury became the first jurisdiction in Maryland to install a rainbow crosswalk on a public street in September 2018.
“This is another blatant attempt by our Republican mayor to remove any references to groups that don’t fit with his agenda,” Salisbury LGBTQ advocate Megan Pomeroy told the local publication Watershed Observer. “The rainbow crosswalk represents acceptance for everyone. It tells them, ‘You matter. You are valued. You are welcome here,’” she was quoted as saying.
The publication Delmarva Now reports that a longtime Salisbury straight ally to the LGBTQ community named K.T. Tuminello staged a one-person protest on Nov. 10 by sitting on the sidewalk next to the rainbow crosswalk holding a sign opposing its removal.
“Tuminello said Nov. 10 he had been at the embattled crosswalk since 12 a.m. that morning, and only three things could make him leave: ‘I get arrested, I have to get into an ambulance because of my medical difficulties, or Randy Taylor says you can keep that one rainbow crosswalk,’” the Delaware Now article states.
DeLancey said he has known Tuminello for many years as an LGBTQ ally and saw him on the night he staged his sit-in at the site of the crosswalk.
“I actually went to him last night trying to give him some water,” DeLancey told the Washington Blade. “He was on a hunger strike as well. He was there for a total of 40 hours on strike, not eating, no sleeping in the freezing cold”
Added DeLancey, “He has been supporting our community for decades. And he is a very strong ally, and we love his contribution very much.”
Political observers have pointed out that Salisbury for many years has been a progressive small city surrounded by some of Maryland’s more conservative areas with mostly progressive elected officials.
They point out that Taylor, a Trump supporter, won election as mayor in November 2023 with 36.6 percent of the vote. Two progressive candidates split the vote among themselves, receiving a combined total of 70.8 percent of the vote.
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