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Maryland to take up marriage, trans bills

Lawmakers return next week; supporters plan Feb. lobbying events

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Martin O'Malley, gay news, gay politics dc

Maryland Gov. Martin Oā€™Malley announced plans last year to include a same-sex marriage bill as part of his administrationā€™s legislative package in 2012. (Washington Blade file photo by Michael Key)

Bills calling for legalizing same-sex marriage and banning discrimination against transgender persons are among the hot-button issues set to emerge next week when the Maryland State Legislature begins its 2012 session.

Officials with an expanded coalition backing the marriage bill and a new transgender advocacy group leading the effort on behalf of the Gender Identity Non-Discrimination Act say they are hopeful that the legislature will pass both measures before it adjourns for the year in April.

ā€œItā€™s all hands on deck with both bills,ā€ said Carrie Evans, executive director of the statewide LGBT group Equality Maryland. ā€œWeā€™re talking to many lawmakers, including Republicans.ā€

Evans and others working on the two bills were cautious about predicting when leaders of the Maryland Senate and House of Delegates will bring the measures up for a vote, saying control over the timing of the bills was exclusively in the hands of the lawmakers.

Supporters were also cautious about disclosing strategy for defeating an expected voter referendum that experts say will almost certainly be brought before the electorate in November ā€“ in the midst of the U.S. presidential election ā€“ if the Maryland Legislature passes a marriage bill this spring.

Public opinion polls show voters in the state are evenly divided over whether to vote for or against same-sex marriage.

Under rules of the Maryland Legislature, the committees with jurisdiction over the bills must hold a public hearing on the marriage and gender identity bills, even though the two bills were the subject of lengthy and contentious hearings less than a year ago during the legislatureā€™s 2011 session.

The Democratic-controlled Senate approved the marriage bill last March in what supporters called an historic 25-21 vote. But the Democratic-controlled House of Delegates killed the measure for the year by voting to send it back to committee after supporters determined they were a few votes short of the 71 votes needed to pass it in the 141-member House.

In what some called an ironic twist, the House of Delegates passed the transgender bill last year before the Senate killed it by voting to send it back to a Senate committee. Senate President Thomas V. Mike Miller (D-Prince Georgeā€™s and Calvert Counties) reportedly orchestrated the decision to hold off on a Senate vote, saying a number of key supporters changed their minds and threatened to vote against the bill.

Shortly after the defeat of the marriage bill last year, supporters led by the Human Rights Campaign formed Marylanders for Marriage Equality, an expanded coalition of organizations with a track record of political clout with state lawmakers. Among the coalition partners are the NAACP of Baltimore, the Maryland ACLU, and the Service Employees International Union (SEIU). The National Gay and Lesbian Task Force, Equality Maryland and HRC are also members of the coalition.

Coalition spokesperson Kevin Nix of HRC has said each coalition partner brings unique skills and expertise to the lobbying effort on behalf of the marriage bill.

But coalition officials havenā€™t disclosed which, if any, lawmakers who were uncommitted or against the bill last year have indicated support this time around.

ā€œThe good news and the bad news is the legislators are the same,ā€ said Mark McLaurin, a gay man who serves as political director for the Local 500 of the SEIU of Maryland.

He noted that having the same players is helpful to a degree because they are already informed on the marriage and transgender bills. But McLaurin cautioned that with no election taking place since the 2011 legislative session, it may be hard to line up the additional supporters needed to pass the bills.

ā€œQuite frankly, despite the great work thatā€™s been done since the last session, I havenā€™t heard very many announced conversions from no to yes,ā€ he said. ā€œSo in many respects I feel weā€™re in the same place that we were.ā€

Like others lobbying for the marriage bill, McLaurin said he is hopeful that Gov. Martin Oā€™Malleyā€™s decision to include the marriage and transgender bills as part of his legislative package this year will provide an important boost for both measures.

McLaurin, a former board member of Equality Maryland, criticized LGBT advocates and supportive lawmakers last year for their decision to withdraw the marriage bill from the House rather than bring it up for a vote. He said a vote would have helped in the lobbying efforts this year by identifying for certain where lawmakers stand on the marriage measure.

Other supporters disagree with that view, saying a vote last year would have forced wavering House members to take a position, possibly against the bill, making it more difficult for them to vote for it this year without being labeled as ā€œflip-floppers.ā€

Veteran transgender advocate Dana Beyer, executive director of Gender Rights Maryland, the newly formed statewide group, said a number of important developments since the transgender bill died in the legislature last year have given the bill ā€œgreat momentumā€ this year.

Among the developments are Oā€™Malleyā€™s strong endorsement of the bill and his pledge to make it one of his legislative priorities, said Beyer. She noted that Oā€™Malley responded, in part, to the flurry of publicity surrounding the beating of transgender woman Chrissy Lee Polis at a McDonaldā€™s restaurant outside Baltimore in April. The beating, which was captured on video taken by a McDonaldā€™s employee, created a national sensation and boosted support in Maryland for transgender non-discrimination legislation.

In two other developments, the Howard County, Md., legislature passed a gender identity non-discrimination bill in December and the Eleventh Circuit U.S. Court of Appeals ruled that same month that a transgender woman fired from her job in Georgia was protected from discrimination by the U.S. Constitutionā€™s equal protection clause barring gender-related discrimination.

ā€œAll of these things are giving this bill tremendous momentum,ā€ Beyer said. ā€œI feel really good about where things stand.ā€

Opposition to the marriage bill, coordinated last year by the National Organization for Marriage, is being spearheaded this year by the Maryland Marriage Alliance, a state coalition with ties to NOM.

ā€œSpecial interest groups are pressuring politicians in Annapolis to redefine marriage in Maryland ā€“ despite the strong opposition of a majority of Maryland citizens,ā€ the group says on its website. ā€œA large outcry throughout the state convinced our elected officials last year to reject this drastic action, but the threat is raising its head again,ā€ the web message says.

The group is calling on Marylanders to send contributions to support its effort to oppose the marriage equality bill and to ā€œprotectā€ marriage as a union of ā€œone man and one woman.ā€

It has announced plans for a rally against the bill in Annapolis early this year and is encouraging churches to call on their congregations to oppose the bill on a regular basis during Sunday sermons.

Supporters of the marriage bill say the approval of a similar bill by the New York Legislature last year, under the strong leadership of New Yorkā€™s Democratic governor, Andrew Cuomo, would also help the effort in Maryland.

Leaders of Marylanders for Marriage Equality, including HRC officials involved with the coalition, have yet to disclose their views on possible changes in the wording of the Maryland bill. But speculation has surfaced that Oā€™Malley and supportive lawmakers in the legislature might follow Cuomoā€™s decision to add a new provision to expand the billā€™s exemption for religious organizations.

Cuomo reportedly persuaded some wavering lawmakers to support the New York marriage bill by agreeing to add a provision that allows religious organizations other than churches, including some businesses, to refuse to rent their facilities or provide services, such as catering or the sale of wedding gowns, for same-sex marriages.

Gay rights groups that had been opposed to such exemptions went along with Cuomoā€™s backing of the exemptions.

When asked about a possible broadening of the religious exemption provision of the Maryland marriage bill, Nix, the spokesperson for Marylanders for Marriage Equality, said only, ā€œGovernor Oā€™Malley is committed to ensuring that religious institutions are protected under Maryland law.ā€

Equality Maryland, meanwhile, announced this week a series of events and activities it will sponsor to push for the marriage bill. Among them are nightly phone banks staffed by volunteers across the state; a Feb. 1 prayer breakfast and Clergy Lobby Day in Annapolis; and a Feb. 13 lobby day in Annapolis in which LGBT advocates from across the state will visit their representatives to urge support for the marriage bill.

ā€œEquality Maryland will also work with Gender Rights Maryland to pass a bill that will add protections in existing anti-discrimination laws for transgender individuals,ā€ according to a statement issued this week by Equality Maryland.

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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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