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UPDATE: Md. braces for close vote on marriage

House committee advances bill; GOP lawmaker announces support

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About 500 LGBT rights supporters turned out for the annual Lobby Day in Annapolis this week. For the first time, Gov. Martin O’Malley addressed the gathering. (Washington Blade photo by Steve Charing)

The Maryland House of Delegates is preparing for a close vote on a bill to legalize same-sex marriage on Friday.

The vote is expected just days after the measure was moved to the floor following approval by a joint committee on Tuesday.

Gov. Martin O’Malley introduced the Civil Marriage Protection Act as part of his legislative package. A similar measure passed the Senate but died in the House last year after supporters determined they didn’t have sufficient votes for passage in the lower chamber.

“Today’s vote on the Civil Marriage Protection Act is a significant step forward for the passage of this bill in Maryland,” O’Malley said in a statement after Tuesday’s committee vote. “Together, we will continue our work to ensure that our State protects religious freedom and provides equal protection under the law for all Marylanders.”

The Judiciary Committee and the Health & Government Operations Committee heard joint testimony last week on the marriage bill. The committees voted jointly over several hours late Tuesday afternoon. The vote was 25-18 in favor, with one abstention, Del. Sam Arora (D-Mont. Co.), a former supporter of the bill.

“We just took another step toward civil marriage equality becoming a reality in Maryland; the momentum is with us,” the group Marylanders for Marriage Equality said in a statement. “We thank all supportive Delegates for their leadership on this very important issue that will improve the lives of thousands of Maryland families and help put the state on the right side of history.”

Del. Kathleen Dumais (D-Montgomery County), who serves as vice chair of the Judiciary Committee, said the marriage bill was scheduled to be taken up on the House floor on Thursday for a second-reading vote following an informal first-reading of the bill on the floor on Wednesday. All bills are open to proposed amendments during the second reading. She said a final, third reading, debate and vote on the bill was expected to take place in the House on Friday.

“I feel positive that it will pass the House this year,” she told the Blade on Wednesday.

Although supporters hailed the joint vote by the two committees to approve legislation to legalize same-sex marriage, a breakdown of the vote shows that the bill lost among Judiciary Committee members by a vote of 11-10, with the one abstention by Arora. The vote breakdown shows that Health and Government Operations Committee members voted to approve the bill by a margin of 15-7, with one member absent.

The large margin of approval by the HGO Committee clearly put the bill over the top in the combined vote. The development confirms speculation that House Speaker Michael Busch (D-Anne Arundel County) gave the HGO Committee jurisdiction over the bill along with the Judiciary panel this year because he knew in advance that the Judiciary Committee lacked the votes to approve a marriage bill.

The Judiciary panel approved the bill last year by a one-vote margin, with Chairman Joseph Vallario (D-Calvert & Prince George’s County) voting for the bill. Vallario voted against the bill at Tuesday’s joint committee session. Arora also voted for the bill in committee last year but made it clear that he would not vote for it on the House floor.

His abstention this year highlights the surprise and disappointment among many LGBT activists in Maryland who supported Arora’s 2010 election campaign in which he ran on a platform of support for a same-sex marriage equality bill. Last year he initially signed on as a co-sponsor for the bill before he announced that based on religious beliefs he could no longer support the legislation.

No vote was taken in the joint committee session on a proposed constitutional amendment to ban same-sex marriage, but the joint panel voted down five proposed amendments to the Civil Marriage Protection Act, including:

• An amendment to eliminate all sex education in public schools, which failed 26-17;

• An amendment calling for parental consent before using materials that address “non-traditional families” in schools, which failed 27-16;

• An amendment to prohibit minors from marrying someone of the same sex, which failed 26-17;

• An amendment to change the effective date of the bill to Jan. 1, 2013, which failed 24-21;

• And an amendment to change the bill from marriage to civil unions, which failed 27-17.

In a related development, Del. Robert Costa, a Republican from Anne Arundel County, announced Tuesday that he will vote for the marriage bill.

“I think it’s not a state function to decide who can marry,” the Annapolis Capital quoted him as saying. “I do what I believe is right for people. I don’t think that matters. I represent constituents and not a party.”

The announcement drew quick praise from LGBT advocates.

“The fact that Del. Costa is going to support this bill publicly is really demonstrating the momentum for this and how quickly the momentum is growing,” Equality Maryland Executive Director Carrie Evans told the Blade. “It’s significant like Sen. Allan Kittleman’s vote was last year. We know it isn’t a partisan issue. We finally see evidence that it’s not. Del. Costa represents a fairly rural district and he’s with us.”

And in another development, a one-time supporter of the same-sex marriage bill who startled LGBT advocates last year by saying she was backing away from her support told the Blade that she has yet to decide how she will vote on the bill this year.

Del. Jill Carter (D-Baltimore) told the Blade last week that she’s concerned that some news media outlets incorrectly reported last year that she voted against the same-sex marriage bill in committee.

“In fact, I voted for it,” she said. “I’m not ready to say what I’ll do this year.” She voted for the bill in committee Tuesday.

Carter spoke to the Blade outside a House of Delegates hearing room in Annapolis on Feb. 10 in which two committees conducted a joint hearing on both the Civil Marriage Protection Act, which would allow same-sex couples to marry, and a separate bill calling for a state constitutional amendment to restrict marriage to a union only between a man and a woman.

Similar to last year, political pundits in the state believe the Maryland Senate is poised to pass the marriage bill and reject the proposed constitutional amendment.

But observers say the marriage bill’s prospects in the House of Delegates are uncertain. Supporters say they hope to persuade the small number of delegates that declined to back the bill last year and who are needed for the bill’s passage this year to change their minds and vote for it.

 

 

 

 

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Comings & Goings

Gill named development manager at HIPS

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Warren Gill

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”

Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.  

Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.

Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.  

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District of Columbia

Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit

MPD accused of illegally demoting officer for taking family leave to care for newborn child

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Photo courtesy of Hrebenak)

A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.

The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.  

It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.

In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.

Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.

“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”  

Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.

In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.

Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.

In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.

“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.

“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”

Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.

Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.

“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.

 In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”

One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.

Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.

“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something  in which leadership disapproved,” Lempert says in his court filing submitting the two reports.

“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.  

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Virginia

LGBTQ rights at forefront of 2026 legislative session in Va.

Repeal of state’s marriage amendment a top priority

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Virginia Capitol (Washington Blade photo by Michael Key)

With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics. 

The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.

The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.

Two successive legislatures must approve the resolution before it can go to the ballot.

The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.

The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.

In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care. 

Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”

Along with ensuring school training, the organization wants funding in hopes of “​​establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.

On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.

Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.

Equality Virginia is tracking bills on its website.

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