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Maryland high court recognizes out-of-state gay marriages

Maryland Court of Appeals rules legally married gay couples can divorce in the state.

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The Maryland Court of Appeals on Friday unanimously ruled that same-sex couples who were legally married in other jurisdictions can get divorced in the state.

The 7-0 decision comes after Maryland resident Jessica Port and Virginia Anne Cowan of the District of Columbia appealed a Prince George’s County trial judge’s 2010 denial of their divorce petition. The women married in California in Oct. 2008, less than a month before the state’s voters approved Proposition 8 that banned nuptials for gays and lesbians. Port and Cowan separated eight months later and filed for divorce while they both lived in Maryland.

Attorney General Douglas Gansler opined in Feb. 2010 that the state could recognize same-sex marriages that were legally performed in the District of Columbia and other jurisdictions. Governor Martin O’Malley subsequently ordered state agencies to recognize such unions.

“A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to applicable statutes, reported cases and court rules of this state,” read the decision.

O’Malley welcomed the 21-page ruling.

“Today’s unanimous decision by the Maryland Court of Appeals confirms that the policy of recognizing out-of-state same-sex marriages that we have implemented in the Executive Branch is valid and consistent with the law,” he said in a statement. “To treat families differently under the law because they happen to be led by gay or lesbian couples is not right or just.  Today’s decision is another step forward in our efforts to ensure that every child is protected equally under the law.  As a free and diverse people, the way forward is always to be found through greater respect for the equal rights of all; for the human dignity of all.”

Michele Zavos, a lawyer with Zavos Juncker Law Group who represented Port, applauded the decision.

“We’re all enormously excited because this decision establishes marriages between same-sex couples that are valid in another jurisdiction are valid in Maryland,” she said.

The National Center for Lesbian Rights and Lambda Legal served as co-counsel on the case.

“The decision could not be better for our community,” said NCLR Legal Director Shannon Minter. “The court accepted all of the arguments we presented. Although the holding is specifically about divorce, the analysis would apply to any marital benefit or protection.”

The court’s ruling comes less than three months after O’Malley signed the state’s marriage equality bill into law.

Rhode Island Gov. Lincoln Chafee on Monday signed an executive order recognizing out-of-state same-sex marriages. Then-New York Gov. David Paterson in 2008 directed state agencies to recognize the nuptials of gays and lesbians who legally wed in other jurisdictions.

Maryland voters will likely vote on a referendum in November that would bar marriage for same-sex couples. Both the plaintiffs’ lawyers and legal observers noted that the ban on nuptials for gays and lesbians would not impact the court’s decision.

“One reason this decision is so important is that the court’s ruling will not be changed even if, in the worst case scenario, the new marriage equality law were to be repeated in a referendum vote,” said Minter. “Valid marriages from other state would still be recognized in Maryland.  Because same-sex couples can marry right next door in D.C., this provides powerful protection.”

“Same-sex couples in Maryland can be married and can have their marriages recognized,” added Susan Sommer, director of constitutional litigation at Lambda Legal. “Marriage has come to stay in Maryland.”

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Maryland

Montgomery County police chief discusses arrest of trans student charged with planned school shooting

County executive tells news conference student’s trans identity is irrelevant to criminal charge

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(Photo by jiawangkun/Bigstock)

Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.

In charging documents and in a press released issued on April 18, Montgomery County Police identified the arrested student as “Andrea Ye, of Rockville, whose preferred name is Alex Ye.”

One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Ye’s threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about as character in a 129-page manifesto outlining plans for a school shooting. Police have said Ye told them the manifesto was a fictional story he planned to publish.  

At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a “biological female.”

County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to “admit that this individual was transgender.”

“Because it’s not a lead,” Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is “a white Christian male who’s heterosexual.” Elrich stated, “No, you don’t – You never publish somebody’s sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. It’s not a news story. It is not a crime to  be transgender.”

The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.

In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Ye’s manifesto appearing to make threats of a mass school shooting.

“Now, this is a situation that highlights  the critical importance of vigilance and community involvement in preventing potential tragedies,” Jones said. “I commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation,  the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,” he told the gathering.

“Thanks to their swift action and cooperation a potentially catastrophic event was prevented,” Jones said.

Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing  mental health services.

“But this case is different,” Jones said. “This case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspect’s manifesto to the authorities. This underscores the value of community engagement and the ‘see something say something’ approach,” he said.

Jones mentioned at the press conference that Ye was  being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.

In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.

In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:

“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”

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Maryland

Rockville teen charged with plotting school shooting after FBI finds ‘manifesto’

Alex Ye charged with threats of mass violence

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Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

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

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District of Columbia

New D.C. LGBTQ+ bar Crush set to open April 19

An ‘all-inclusive entertainment haven,’ with dance floor, roof deck

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Crush (Washington Blade photo by Michael Key)

D.C.’s newest LGBTQ+ bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the city’s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends “nostalgia with contemporary nightlife” in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the city’s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayor’s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the bar’s employees become settled into their newly opened operations.

“Step into a venue where inclusivity isn’t just a promise but a vibrant reality,” a statement posted on the Crush website says. “Imagine an all-inclusive entertainment haven where diversity isn’t just celebrated, it’s embraced as the very heartbeat of our venue,” the statement says. “Welcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.”

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

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