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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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Cameroon

Gay Cameroonian immigrant will be freed from ICE detention — for now

Ludovic Mbock’s homeland criminalizes homosexuality

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Competitive gamer Ludovic Mbock, left, with his sister, Diane Sohna. (Photo courtesy of Diane Sohna)

By ANTONIO PLANAS | An immigration judge on Friday issued a $4,000 bond for a Cameroonian immigrant and regional gaming champion held in federal immigration detention for the past three weeks.

The ruling will allow Ludovic Mbock, of Oxon Hill, to return to Maryland from a Georgia facility this weekend, his family and attorney said.

“Realistically, by tomorrow. Hopefully, by today,” said Mbock’s attorney, Edward Neufville. “We are one step closer to getting Ludovic justice.”

The rest of this article can be found on the Baltimore Banner’s website.

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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District of Columbia

Capital Stonewall Democrats set to celebrate 50th anniversary

Mayor Bowser expected to attend March 20 event

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Mayor Bowser is expected to attend the Capital Stonewall Democrats 50th gala. (Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.   

 A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.

“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.

Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.

Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.

He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.

Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.

Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.

 “Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”

The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.

Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the  International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C.  Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.

Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th

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