Connect with us

Local

Supreme Court rejects D.C. marriage challenge

Action ends effort to force ballot measure

Published

on

(Blade photo by Michael Key)

The U.S. Supreme Court issued an order today denying a request by a local minister to consider a case seeking to force the District of Columbia to allow voters to decide whether to repeal the cityā€™s same-sex marriage law.

The order, which did not include any statement or opinion, ends theĀ effort by Bishop Harry Jackson and other local opponents of same-sex marriage to go through the courts toĀ impose a ballot measure calling forĀ overturningĀ the Religious Freedom and Civil Marriage Equality Amendment Act of 2009, which legalized same-sex marriage in the District.

None of the Supreme Courtā€™s nine justices issued a dissent in their unanimousĀ determination not to take the case.

ā€œWe are pleased that the Supreme Court turned down Bishop Jacksonā€™s request for review of the Court of Appeals decision on marriage equality,ā€ said Peter Rosenstein, president of the Campaign for All D.C. Families, the local group that campaigned for passage of the marriage equality law.

ā€œThis confirms our belief that what the D.C. Council did is both legal and just,ā€ he said. ā€œEquality will not be denied.ā€

Rosenstein was referring to a decision last October by the D.C. Court of Appeals that upheld an earlier ruling by the cityā€™s Board of Elections and Ethics to reject a voter initiative proposed by Jackson and other same-sex marriage opponents calling for repealing the marriage equality law.

In the case known as Jackson v. the D.C. Board of Elections and Ethics, Jackson sought to force the city to hold a voter initiative that, if approved, would repeal the same-sex marriage law and replace it with a new law defining marriage in the District as a union only between a man and a woman.

The Court of Appeals decision stated that D.C. City Council acted within its authority under the cityā€™s congressionally mandated Home Rule Charter when it imposed certain restrictions more than 30 years ago on the types of initiatives and referenda that could be placed on the ballot.

Among the restrictions adopted then was a ban on ballot measures that, if approved by voters, violate the non-discrimination provisions of the D.C. Human Rights Act. The act, among other things, bans discrimination based on sexual orientation.

Jackson and a team of lawyers representing him argued that Council violated the Home Rule Charter by adopting the ballot measure restrictions.

The Supreme Court today rejected Jacksonā€™s request for a Petition for a Writ of Certiorari, which asked the court to hear the case to enable Jackson to appeal the ruling of the D.C. Court of Appeals. By denying that request, the Supreme Court allowed the Court of Appeals decision to permanently remain in effect.

ā€œTodayā€™s action by the Supreme Court makes abundantly clear that D.C.ā€™s human rights protections are strong enough to withstand the hateful efforts by outside anti-LGBT groups to put peopleā€™s basic civil rights on the ballot,ā€ said Joe Solmonese, president of Human Rights Campaign.

ā€œFor almost two years, the National Organization for Marriage and the Alliance Defense Fund, along with Bishop Harry Jackson, have fought a losing battle to shamelessly harm gay and lesbian couples in D.C. who seek nothing more than to share in the rights and responsibilities of marriage,ā€ Solmonese said.

According to the Supreme Courtā€™s public docket, the nine justices deliberated over whether to hear the Jackson case in a private conference held last Friday. Under longstanding court rules, the justices usually announce a decision on whether to accept or reject a case on the next business day following such a conference.

With the Supreme Court denying Jacksonā€™s court challenge to the same-sex marriage law, marriage equality opponents are expected to take their fight back to Congress by resuming earlier requests for Congress to either overturn the D.C. marriage law or to impose a new law forcing the city hold a ballot measure to allow voters to decide the issue.

D.C. Council member Phil Mendelson (D-At-Large), who chairs the committee that shepherded the same-sex marriage law through the Council in 2009, said city voters have demonstrated through the cityā€™s 2010 primary and general election that the marriage law was not a pressing issue for them.

He noted that despite promises by same-sex marriage opponents to work for the defeat of all Council members who voted for the marriage law, just a few candidates opposing the law surfaced in the elections and all of them lost by lopsided margins.

ā€œTheyā€™ve lost in the courts, they lost overwhelmingly in the Council 12 to 1 [when the marriage bill came up for a vote in December 2009], and they lost at the ballot box,ā€ he said. ā€œNow theyā€™ve lost their last chance, their last gasp in the judicial system.ā€

Jackson couldnā€™t be immediately reach for comment.

Rev. Anthony Evans, a D.C. minister who is working with Jackson to overturn the D.C. same-sex marriage law, called the Supreme Court’sĀ refusal to hear the Jackson case “a travesty of justice.”

“This law was forced down the church’s throat and what the Supreme Court has set up is the greatest civil war between the church and the gay community,” Evans said. “And let me just state for the record, we don’t want that fight. We love our gay brothers and sisters. But if the Supreme Court is not going to acknowledge the fact that we have a right as religious people to have a say-so in the framework of religious ethics for our culture and society, then we reject the Supreme Court on this issue.”

Supporters of the same-sex marriage lawĀ have noted that large numbers of local religious leaders from all denominations, including black churches, came out in support of the law. Many have begun peforming same-sex marriages.

Evans, an official with the D.C.-based National Black Church Initiative, said local same-sex marriage opponents have began discussions with “our Republican friends” in Congress to take steps to challenge the D.C. marriage law. He declined to disclose further details but said he and others opposed to the marriage law lobbied GOP leaders on the Hill to stripĀ congressional delegate Eleanor Holmes Norton (D-D.C.) of her voting privileges on the House floor.

Since Republicans took control of the House earlier this month, GOP leaders revoked Norton’s limited floor voting privileges that Democrats gave her when they took control of the House in 2007. House GOP leaders also revoked the limited voting privileges for delegates representing U.S. territories and Puerto Rico.

“[O]ur first action was to make sure that Eleanor didn’t get a vote as punishment for her wholehearted support for same-sex marriage in this city and also for her to ignore the black religious community,” Evans said. “There is a consequence to her actions. That was one of them.”

Norton, reached at her office late Wednesday, disputed Evansā€™ claim that same-sex marriage opponents played any role in her loss of House voting privileges.

ā€œHe canā€™t take credit for that. He had nothing to do with it,ā€ she said. ā€œI can tell you without fear of contradiction that our vote was taken this time in the same way it was taken last time ā€” because the Republicans oppose voting rights for the District of Columbia, not because anybody in the District had any power to persuade them to do anything except what they want to do.ā€

Norton was referring to House Republican leadersā€™ decision to strip her of voting privileges when they gained control of the House in 1995. Democrats restored her voting privileges when they regained control of the House in 2007.

ā€œBut in any case, shame on any resident who wants the District of Columbia not to have a vote,ā€ she said.

Norton said she expected some members of Congress to attempt to overturn the cityā€™s same-sex marriage law through legislation, although she was hopeful that Democrats and moderate Republicans would join forces to defeat such legislation.

ā€œI can tell you that Iā€™ve had a good conversation with an important Republican whoā€™s not interested,ā€ she said, referring to efforts to overturn the D.C. marriage law. ā€œThat doesnā€™t mean that wonā€™t happen. But there are Republicans here who would not like to get all mixed up with social issues.ā€

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

Published

on

Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

Continue Reading

Local

D.C. jury finds AARP Services illegally fired gay man

Former employee awarded $2.1 million in damages

Published

on

Richard A. Deus, Jr.

A D.C. Superior Court jury on March 15 handed down a verdict finding that the D.C.-based AARP Services, Inc., an arm of the AARP that interacts with businesses supportive of the nationā€™s seniors, illegally fired a gay manager because of his sexual orientation.

The juryā€™s verdict, which it said was based on a ā€œpreponderance of evidence,ā€ came six years after Richard A. ā€˜Rickā€™ Deus Jr., who worked for AARP and AARP Services for 11 years, filed a lawsuit against his former employer in May 2018. The lawsuit charges that AARP Services violated the D.C. Human Rights Act by firing him after falsely accusing him of accepting gifts for travel from businesses affiliated with AARP that violated AARP employee ethics policies.

His lawsuit says he was fired in February 2018. At that time, he held the title of director of program management at AARP Services.

The lawsuit says AARP Services cited the alleged travel violations as the reason for its decision to fire him. The lawsuit named AARP Services and its then chief executive officer, Lawrence Flanagan, as the two defendants responsible for Deusā€™s firing.

But the juryā€™s verdict only named AARP Services as being at fault in the firing. It did not find Flanagan at fault and did not hold him responsible for damages, even though Flanagan testified at the trial that he made the final decision to terminate Deus on grounds that Deus violated the travel policy.

The jury also chose not to hold AARP Services responsible for paying punitive damages to Deus, whose lawsuit called for $5 million in compensatory damages and an additional $5 million in punitive damages.

In its verdict, according to online court records, the jury awarded Deus $1,612,916.18 in compensatory damages and $578,351 in damages for emotional distress that AARP Services is required to pay Deus. The court records show the jury awarded Deus another $1,118.89 to be paid by AARP Services for its alleged breach of contract with him in its decision to fire him.

An attorney representing AARP Services immediately following the verdict filed a motion requesting that Superior Court Judge Shana Frost Matini, who presided over the trial, issue a ā€œdirected verdictā€ overturning the juryā€™s verdict. 

Such a motion is often filed by individuals or organizations on the losing side of a lawsuit, but such requests are rarely approved. Matini said she would schedule a hearing to consider the motion in May.

ā€œIā€™m thrilled that the jury found that I was treated differently from my co-workers and discriminatorily fired,ā€ Deus told the Washington Blade after the jury handed down its verdict. ā€œThatā€™s clearly what they found, and they awarded emotional pain and suffering,ā€ he said. ā€œBut overall, Iā€™m elated. Itā€™s been six years of my life that Iā€™ve been fighting and telling people that I was treated differently than anybody else and today I got my vindication.ā€

Laura Segal, AARPā€™s Senior Vice President for External Affairs, told the Blade in a statement, ā€œAARP is pleased with the juryā€™s verdict that Lawrence Flanagan lawfully terminated Richard Deusā€™s employment.ā€ She added, ā€œAARP Services, Inc. (ASI) disagrees with the remainder of the verdict and is exploring all options for further legal review. We remain committed to an inclusive culture and warmth and belonging, where everyone is welcome.ā€

Attorneys representing AARP Services argued at the trial and presented witnesses denying Dues was fired because of his sexual orientation. They asserted that AARP Services had and still has gay and lesbian employees and managers and that the company has a longstanding policy of prohibiting  discrimination on grounds of sexual orientation or marital status.

Deusā€™s lawsuit accused AARP Services of targeting Deus for discrimination based on his marriage to another man as well as for his sexual orientation. The jury did not find that AARP Services engaged in discrimination against Deus based on his marital status.

Flanagan was among the lead defense witnesses who testified at the nine-day-long trial. He testified that he has worked for many years with gay colleagues, has a gay relative who he admires, and would never have allowed his staff to engage in discrimination while he served as AARP Services CEO.

He noted in his testimony that his decision to fire Deus was based, in part, on the recommendation of AARP Servicesā€™ human resources or personnel director, Michael Loizzi, who is an openly gay man. Loizzi, who also testified at the trial, said that as a gay man he would never have called for Deus or anyone else to be fired because of their sexual orientation. He stated in his testimony that he recommended to Flanagan that Deus be fired because Deus violated AARP Services travel policy and lied to his supervisor about the details of the travel to get his supervisorā€™s approval under false pretenses.

Deus, during his own testimony, strongly disputed claims that he obtained permission for his travel by providing false information to his supervisor. His lawsuit states that both his supervisor and AARP Servicesā€™ legal counsel cleared him for the two trips that he has been accused of taking in violation of policy.

His lawsuit identifies heterosexual AARP and AARP Services employees who have taken business trips like the two taken by Deus that allegedly violated travel policy who were not fired or disciplined. A few faced disciplinary actions but were allowed to retain their jobs, the lawsuit says.

ā€œThis case is about the unequal treatment of a gay man when juxtaposed to the treatment of our heterosexual comparators,ā€ Darrell Chambers, Deusā€™s lead attorney, told the Washington Blade after the verdict. ā€œThis is not a case about an organization or a group of people who hate gay people and decided that they were going to fire this man because they hate him,ā€ Chambers said.

ā€œInstead, itā€™s a case where the punishment that they consistently applied to gay employees, re Mr. Deus and Mr. Sanders, was harsher, far harsher than the punishment they applied to heterosexual employees who committed the same or similar acts.ā€

Chambers was referring to former AARP Services employee Jack Sanders, who is gay and who testified on video played at the trial that he was summarily fired on grounds that he allegedly sent pornographic photos or video images to another AARP Services employee, who complained about receiving the pornographic images.

Sanders has said the pornographic images in question were sent to the employee by his ex-boyfriend who wanted to portray Sanders in a negative light. Through telephone and wire transmission records Sanders was able to show that the images in question were sent from a device in Washington, D.C. at a time that Sanders was in Chicago, proving that Sanders could not have been the person who sent the images.

Deusā€™s attorneys brought out at the trial that AARP Services failed to give Sanders a chance to defend himself, prompting him to file his own lawsuit against AARP Services for which a settlement was reached. The terms of the settlement have not been publicly disclosed. But Deusā€™s attorneys cited Sandersā€™s case as yet another example of how AARP Services has treated gay employees differently from heterosexual employees.

AARP Services attorney Alison Davis argued during the trial that discrimination based on Deusā€™s sexual orientation had nothing at all to do with the decision to fire him. Davis told the jury that the two trips that Deus took that led to his firing, one to New York City and the other to New Orleans to attend the Sugar Bowl football game, were financed in part by companies that do business with AARP in violation of AARP and AARP Services policies for travel. Among other things, she said the Sugar Bowl is considered a championship game that has a value higher than smaller gifts that AARP employees are allowed to accept.

Deus testified that his reason for accepting an invitation to the Sugar Bowl game was to spend time with the new account director at the Allstate insurance company, which paid for the Sugar Bowl game ticket. ā€œIn 2019, we were going to be negotiating a new contract with Allstate and we wanted to establish a good relationship with her before the contract negotiations began,ā€ he told the Blade. ā€œThatā€™s how you do business.ā€

Deus said he was referring to Allstateā€™s business relationship with AARP Services, which he said, similar to its interaction with other businesses, helps AARP provide support and services to the nationā€™s senior citizens.

In her cross examination of Deus on the witness stand, Davis also raised AARP Servicesā€™ claim in contesting the lawsuit that the emotional distress and depression that Deus says he suffered because of his firing could have been caused by issues unrelated to the firing. Davis asked Deus if his emotional distress was caused by stress that Deus has said he experienced years earlier when he came out as gay to his parents, who are ordained ministers, and in his interaction with his sister, who had been diagnosed as being bipolar. 

Deus said that while his coming out to his conservative parents nearly 30 years ago and his sisterā€™s mental health issues were a concern years earlier, he and his parents had long since reconciled over his sexual orientation and his sisterā€™s mental health issues played no role whatsoever in the emotional distress he experienced after being fired by AARP Services.

In her cross examination of Deus on the witness stand, Davis also asked him if his decision to be interviewed by the Washington Blade last year for a Blade story about his lawsuit could have contributed to the difficulty, he said he encountered in finding employment after he was fired by AARP Services. Deus, who testified that he was hired by at least one other company that later laid him off, said he did not believe a Blade story about his lawsuit would have an adverse impact on him.  

Continue Reading

Baltimore

Power Plant Live! opens Club 4, its first LGBTQ bar

Ryan Butler, known by his drag persona Brooklyn Heights, helped launch venue

Published

on

Ryan Butler, also known as drag performer Brooklyn Heights, stands in the space at Power Plant Live! that will house Club 4. (Photo by Kaitlin Newman for the Baltimore Banner)

BY JOHN-JOHN WILLIAMS IV | Ryan Butler wanted a place where all members of the LGBTQ community could enjoy drag, drinks and fellowship in a safe space. He found it by the Inner Harbor.

Butler jumped at the opportunity to help open Club 4, the first LGBTQ-themed bar to occupy the popular Power Plant Live! venue.

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

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular