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Dozens testify at Md. House hearing on marriage bill

Backers fear needed support may be eroding; referendum threat looms

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Dozens of witnesses testified for and against a same-sex marriage bill before a committee of the Maryland House of Delegates in Annapolis on Friday as the billā€™s sponsors cautioned supporters not to become complacent.

Among the first to testify for the bill were the five lesbian members and one gay male member of the House of Delegates, who gave personal accounts of how they and their partners are considered ā€œstrangersā€ under the current Maryland law that bars same-sex couples from marrying.

Many of the same-sex marriage billā€™s opponents, while testifying against that measure, testified in favor of a separate bill under consideration at the hearing that was introduced by Del. Don Dwyer (R-Anne Arundel County). Dwyerā€™s bill calls for a state constitutional amendment banning same-sex marriage.

The Civil Marriage Protection Act, which would legalize marriage for gay and lesbian couples, was approved one day earlier in the Maryland Senate by a vote of 25-21, prompting LGBT activists to celebrate what they called a historic victory.

But officials with the statewide LGBT advocacy group Equality Maryland expressed concern that an expected vote on the bill in the House of Delegates within the next two weeks appears much closer than originally expected.

Backers said that as of this week, the number of delegates who have publicly declared their support for the bill was just short of the 71 votes needed in the 141-member House.

ā€œThereā€™s an effort to derail this bill like none Iā€™ve seen before,ā€ said gay State Sen. Richard Madaleno (D-Montgomery County), the author and one of the lead sponsors of the marriage equality bill in the Senate.

In a telephone news briefing on Friday, Madaleno said the mainstream media have repeatedly reported an earlier assumption that support for the bill was greater in the House than in the Senate, and approval of the measure in the Senate guaranteed its passage in the House.

With opponents, including the Maryland Catholic Conference and the New Jersey-based National Organization for Marriage, applying enormous pressure on wavering delegates, Madaleno and Equality Maryland officials said support in the House might be in jeopardy.

A warning signal that support in the House could diminish surfaced earlier in the week when Del. Melvin Stukes (D-Baltimore City), a co-sponsor of the marriage bill for the past four years, withdrew his sponsorship.

Stukes told the Baltimore Sun he thought the bill would have given same-sex couples the right to obtain civil unions rather than marriage. Once he realized the measure would allow gays to marry he determined he made a mistake, he told the Sun.

ā€œIā€™m very sorry that I got on the bill,ā€ he said.

Activists said privately that they were baffled over Stukesā€™ change of heart on the bill because he represents a progressive-leaning district in Baltimore where the majority of residents would not object to his support for allowing gays to marry.

Del. Heather Mizeur (D-Montgomery County), one of the Houseā€™s five lesbian members, said concern over possible erosion of support among delegates prompted supporters to scrap an earlier strategy calling for bringing the bill up for a vote at the very end of the House of Delegates session in April.

Doing that would shorten the time opponents have for gathering petition signatures needed to place the bill before voters in a referendum, making it more difficult to pull off a referendum.

Under Marylandā€™s referendum law, the clock begins for obtaining petitions when a bill is passed by both houses and the governor signs it. The state constitution sets the deadline for turning in the required number of petition signatures ā€” 3 percent of the registered voters in the state ā€” by June 1 following the adjournment of the legislature, which usually takes place at the end of April.

Thus by passing the marriage bill in the House in early March, as supporters now hope to do, opponents could get more than a month of additional time to obtain the petition signatures than if the bill passed at the end of the session in late April. Gov. Martin Oā€™Malley has said he would sign the bill if it reaches him.

If opponents succeed in gathering the required number of valid petition signatures, the bill is put on hold. It would not become law unless voters defeat the referendum question submitted by opponents, which would call for defeating the bill and defining marriage in the state as a union only between a man and a woman.

ā€œMomentum is important,ā€ said Mizeur, in discussing the decision to put the marriage bill on a fast track in the House. ā€œIf we had the luxury of 83 public commitments to voting on this instead of 69 of the 71 that we need, sure, we could wait. But at this stage of the game, we need to just get it passed and worry about the referendum later.ā€

Backers of the same-sex marriage bill also expressed concern about an e-mail that Dwyer sent to churches and religious groups that included an attached pamphlet called ā€œWhat-same-sex ā€˜marriageā€™ has done to Massachusetts.ā€ The pamphlet describes a series of school-related programs and discussions for elementary and high school students touching on same-sex marriage that LGBT activists in Massachusetts say are distorted and sensationalized to draw opposition to same-sex marriage.

A second pamphlet that Dwyer attached to his e-mail, called ā€œLittle Black Book: V 2.0 Queer in the 21st Century,ā€ was prepared by an AIDS group and funded in part by the Massachusetts Department of Heath as a safe-sex and ā€œcoming outā€ guide for gay youth. It includes graphic drawings of how to put on a condom and describes the level of risk for HIV and other sexually transmitted diseases for various sexual acts.

The first pamphlet calls the ā€œBlack Bookā€ pamphlet a ā€œhideous work of obscene pornographyā€ that the first pamphletā€™s author, Brian Camenker, says was a result of the pro-homosexual climate created by the legalization of same-sex marriage in Massachusetts.

Similar to a hearing on the bill three weeks ago before a Senate panel, more than 100 witnesses signed up to testify before Fridayā€™s hearing by the House Judiciary Committee. Also similar to the Senate hearing, House committee officials did not release the list of witnesses and their affiliations on the day of the hearing. The number of opponents appeared to outnumber the supporters by a small margin.

Like the earlier hearing, different religious advocates and clergy members testified on both sides of the issue. Many opponents argued that the bill lacked sufficient exceptions to allow individuals and businesses to refuse to provide services and accommodations related to a same-sex wedding if doing so violates their religious beliefs.

Several witnesses testifying before the House panel, such as Maggie Gallagher, president of the National Organization of Marriage, also testified at the Senate hearing.

ā€œNone of us have the right to redefine marriage,ā€ Gallagher testified on Friday. ā€œYou need to bring together male and female to keep the human race going.”

Derrick McCoy, president of the Maryland Family Alliance, said he would not object to providing same-sex couples with the same benefits that married couples receive, but the benefits should be given through a means other than marriage.

ā€œThis is not a civil rights issue,ā€ he said.

At least a half-dozen witnesses testifying against the marriage bill identified themselves as ex-gays who left the gay ā€œlifestyleā€ through counseling and embracing God. Among them was Anthony Falzarano, a former D.C. resident who helped found Parents and Friends of Ex-Gays.Ā Ā He said he now lives in West Palm Beach, Fla., where he formed a new group called Parents and Fiends Ministries.

Del. Mary Washington (D-Baltimore City), who won election to the House last November as an open lesbian, testified as part of a panel at the start of Fridayā€™s hearing with the five other out lesbian or gay House members.

Washington, who is black, said she views the campaign for the right to marry for lesbians and gays as being no different than the civil rights campaigns waged by other groups in earlier years, including the black civil rights movement.

The other lesbian or gay delegates that testified were Mizeur; Anne Kaiser and Bonnie Cullison, both Democrats from Montgomery County; and Maggie McIntosh and Luke Clippinger, both Democrats from Baltimore City. Each said marriage equality for lesbians and gays would strengthen families and end a longstanding form of discrimination against same-sex couples.

Clippinger, a member of the House Judiciary Committee, walked from the witness table to the dais to join fellow committee members and Del. Joseph Vallario (D-Prince Georgeā€™s County), the committee chair. He presided over part of the hearing.

Morgan Meneses-Sheets, Equality Marylandā€™s executive director, was among those testifying for the same-sex marriage bill. Others testifying for the bill included parents of gays and lesbians, ministers, and lesbian and gay couples.

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District of Columbia

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

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

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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.

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

Former employee awarded $2.1 million in damages

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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.  

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Baltimore

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

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

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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.

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