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D.C. election board rejects marriage referendum

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For the third time in less than a year, the D.C. Board of Elections & Ethics has ruled that a ballot measure seeking to ban same-sex marriage cannot be held because it would violate the city’s Human Rights Act.

The board’s ruling Thursday came eight days after opponents and supporters of a gay marriage referendum presented their views on the issue before an expedited public hearing called by the board.

“Based upon the written and oral opinions submitted to the board regarding the propriety of a referendum, as well as its own research and consideration of the matter, the board now concludes that the referendum does not present a proper subject for a referendum because it would authorize discrimination prohibited under the Human Rights Act,” says the ruling.

On two prior occasions, the board and Superior Court judges reached the same conclusion: that a referendum as well as a voter initiative seeking to ban same-sex marriage would violate the city’s human rights law and could not be held.

Similar to the two prior cases, Bishop Harry Jackson, pastor of a Beltsville, Md., church and the lead opponent of same-sex marriage in the District, along with several of his supporters, have vowed to appeal the board’s ruling to the Superior Court.

In an action that could disappoint LGBT activists, the board additionally ruled that the proposed referendum would not violate a separate D.C. election law restriction by interfering with the appropriation of funds or the city budget.

An attorney representing the Gertrude Stein Democratic Club joined the City Council’s attorney in arguing that a ban on same-sex marriage would result in a reduction of as much $1 million in tax revenue generated each year by same-sex weddings. The two attorneys cited a study conducted by the city’s chief financial officer showing that same-sex weddings would be expected to generate significant revenue for D.C. businesses as well as tax revenue for the city.

“[N]otwithstanding the arguments that the [same-sex marriage law] will result in increased revenue for the District, such prospective fiscal impact is insufficient to transform the [law] into an act appropriating funds for the general operation budget,” the board says in its ruling.

It says that various court cases cited by the two attorneys to support the budget argument do not apply in the case of the marriage referendum proposed by Jackson and his backers.

The board’s rejection of the budget argument against a referendum could result in problems for same-sex marriage equality advocates if an appeals court were to side with Jackson and reject the Human Rights Act restriction. Some LGBT activists had hoped the budget argument could be used as a backup plan in the event the human rights law argument runs into trouble at the appeals court level.

The referendum proposal rejected Thursday by the election board calls for overturning the Religious Freedom & Civil Marriage Equality Act of 2009, which the D.C. City Council passed and Mayor Adrian Fenty signed in December. The act would allow same-sex marriages to be performed in the District. It also would authorize churches and religious institutions to refuse to perform such marriages or allow their facilities to be used for such marriages if same-sex unions are contrary to their religious doctrine.

Under the city’s election law, various logistical requirements for a referendum, including the gathering of petition signatures for ballot placement, must be completed before Congress concludes its review of a city law. The congressional review for the marriage bill is expected to be completed March 2, making it unlikely that Jackson and his backers could gather the required petition signatures in time, even if the Superior Court were to rule in their favor.

Last year, Jackson asked the court to extend the deadline for gathering the pettion signature if the court would have ruled to allow a ballot measure to be held. The court rejected that request at the time it rule against the referendum itself.

“I am pleased that the Board of Elections & Ethics has again upheld the Human Rights Act and said that under that a ballot measure to restrict the rights of a minority is not appropriate or allowable under D.C. law,” said Peter Rosenstein, a D.C. gay activist.

Jackson and others calling for the referendum couldn’t immediately be reached for comment.

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Virginia

McPike wins special election for Va. House of Delegates

Gay Alexandria City Council member becomes 8th LGBTQ member of legislature

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Alexandria City Council member Kirk McPike. (Photo courtesy Alexandria City Council)

Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.  

McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.

He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria). 

Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.

Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.

“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20. 

McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.

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Local LGBTQ groups, activists to commemorate Black History Month

Rayceen Pendarvis to moderate Dupont Underground panel on Sunday

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Rayceen Pendarvis speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.

Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.

Pendarvis, a longtime voice in the LGBTQ community in D.C. moderated a panel at Dupont Underground on Feb. 8. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin. 

Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.

Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”

The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.

Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.

The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.

The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.

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District of Columbia

U.S. Attorney’s Office drops hate crime charge in anti-gay assault

Case remains under investigation and ‘further charges’ could come

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(Photo by chalabala/Bigstock)

D.C. police announced on Feb. 9 that they had arrested two days earlier on Feb. 7 a Germantown, Md., man on a charge of simple assault with a hate crime designation after the man allegedly assaulted a gay man at 14th and Q Streets, N.W., while using “homophobic slurs.”

But D.C. Superior Court records show that prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. violent crime cases, charged the arrested man only with simple assault without a hate crime designation.

In response to a request by the Washington Blade for the reason why the hate crime designation was dropped, a spokesperson for the U.S. Attorney’s office provided this response: “We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them.” 

In a statement announcing the arrest in this case, D.C. police stated, “On Saturday, February 7, 2026, at approximately 7:45 p.m. the victim and suspect were in the 1500 block of 14th Street, Northwest. The suspect requested a ‘high five’ from the victim. The victim declined and continued walking,” the statement says.

“The suspect assaulted the victim and used homophobic slurs,” the police statement continues. “The suspect was apprehended by responding officers.”

It adds that 26-year-old Dean Edmundson of Germantown, Md. “was arrested and charged with Simple Assault (Hate/Bias).” The statement also adds, “A designation as a hate crime by MPD does not mean that prosecutors will prosecute it as a hate crime.”

Under D.C.’s Bias Related Crime Act of 1989, penalties for crimes motivated by prejudice against individuals based on race, religion, sexual orientation, gender identity, disability, and homelessness can be enhanced by a court upon conviction by one and a half times greater than the penalty of the underlying crime.

Prosecutors in the past both in D.C. and other states have said they sometimes decide not to include a hate crime designation in assault cases if they don’t think the evidence is sufficient to obtain a conviction by a jury. In some instances, prosecutors have said they were concerned that a skeptical jury might decide to find a defendant not guilty of the underlying assault charge if they did not believe a motive of hate was involved.

A more detailed arrest affidavit filed by D.C. police in Superior Court appears to support the charge of a hate crime designation.

“The victim stated that they refused to High-Five Defendant Edmondson, which, upon that happening, Defendant Edmondson started walking behind both the victim and witness, calling the victim, “bald, ugly, and gay,” the arrest affidavit states.

“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit continues. “The victim stated that they felt offended and that they were also gay,” it says.

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