Local
Cuccinelli challenges Va. sodomy ruling
Att’y gen’l asks appeals court for re-hearing of case
Virginia Attorney General Kenneth Cuccinelli is challenging a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)
Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.
The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.
A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General’s office filed the petition on Cuccinelli’s behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.
“We certainly hope they won’t,” said Claire Gastanaga, executive director of the ACLU of Virginia, which filed a friend of the court brief urging the three-judge panel to overturn the state sodomy law.
“We think it’s a situation in which everybody agrees that the statute is unconstitutional,” Gastanaga told the Blade.
Greg Nevins, an attorney with the LGBT litigation group Lambda Legal Defense and Education Fund, which joined the ACLU in filing the friend of the court brief calling for overturning the Virginia sodomy law, said requests for en banc hearings are turned down most of the time.
He quoted a federal appeals court rule as stating, “Although petitions for rehearing are filed in a great many cases, few are granted.”
Caroline Gibson, a spokesperson for Cuccinelli, told the Blade in an email that Cuccinelli believes the dissenting judge on the three-judge panel was correct in stating the Lawrence decision applies only to sex between consenting adults in private and doesn’t apply to cases involving a minor. The case in which the three-judge panel of the 4th Circuit Court of Appeals overturned the Virginia sodomy law involved a man charged with soliciting oral sex from a 17-year-old woman.
“We believe the panel decision was erroneous, and that the dissent correctly concludes that the petitioner was not entitled to federal habeas corpus relief, Gibson said, referring to the court’s decision to overturn the man’s conviction under the sodomy law. “So the full court should have the opportunity to decide this matter,” she said.
“Like most people, we think the court made the right decision,” said James Parrish, executive director of the LGBT advocacy group Equality Virginia.
“We think what needs to happen is the General Assembly needs to remove the current sodomy law that has been declared unconstitutional,” he said.
Parrish said Equality Virginia wouldn’t object to a careful revision by the legislature of the state’s criminal code to allow for continued prosecution of offenses such as sex with minors.
“What we’re saying is we agree with the court ruling that, in this case, the law was used unconstitutionally. The best course of action would be for the General Assembly to address that, just like they did with the cohabitation law that they took off the books this year,” he said.
“We think that’s a better recourse than the Attorney General filing another appeal and diverting precious state resources on an issue that the General Assembly should address because the court made the correct ruling on March 12,” Parris said.
Virginia State Sen. Adam Ebbin (D-Alexandria), who’s gay, said he is looking into the issue and the possibility of introducing legislation to address it.
“I’m reviewing this and will consider introducing a bill next year to repeal the Virginia Crimes Against Nature law for consenting adults,” he told the Blade.
The March 12 ruling of the appeals court’s three-judge panel overturned a lower court decision upholding the conviction of a 37-year-old man charged in 2005 with soliciting a 17-year-old woman to engage in oral sex. No sexual encounter took place, records show.
The Attorney General’s office argued that the Supreme Court’s Lawrence decision didn’t apply to cases involving minors. But 4th Circuit Appeals Court Judge Robert King, who wrote the majority opinion, said the Lawrence decision rendered the Virginia sodomy statue “facially” or completely unconstitutional.
He stated other laws could be used to prosecute an adult for engaging in sex with a minor and that the Virginia General Assembly would likely have authority under the Lawrence decision to pass a new law specifically outlawing sodomy between an adult and a minor.
District of Columbia
Gay D.C. police lieutenant arrested on child porn charges
Matthew Mahl once served as head of LGBT Liaison Unit
D.C. police announced on April 14 that they have placed one of their lieutenants, Matthew Mahl, on administrative leave and revoked his police powers after receiving information that he was arrested in Maryland one day earlier.
Although the initial D.C. police announcement doesn’t disclose the reason for the arrest it refers to a statement by the Harford County, Md. Sheriff’s Office that discloses Mahl has been charged with sexual solicitation of a minor and child porn solicitation.
“On Tuesday, the Harford County Sheriff’s Office contacted MPD’s Internal Affairs Division shortly after arresting Lieutenant Matthew Mahl,” the D.C. police statement says.
“The allegations in this case are extremely disturbing, and in direct contrast to the values of the Metropolitan Police Department,” the statement continues. “MPD’s Internal Affairs Division will investigate violations of MPD policy once the criminal investigation concludes,” it says.
“MPD is not involved in the criminal investigation and was not aware of the investigation until yesterday,” the statement adds.
Mahl served as acting supervisor of the MPD’s then Gay & Lesbian Liaison Unit in 2013 when he held the rank of sergeant. D.C. police officials placed him on administrative leave and suspended his police powers that same year while investigating an undisclosed allegation.
A source familiar with the investigation said Mahl was cleared of any wrongdoing a short time later and resumed his police duties. Around the time he was promoted to lieutenant several years later Mahl took on the role as chairman of the D.C. Police Union, becoming the first known openly gay officer to hold that position.
NBC 4 reports that Mahl, 47, has served on the police force for 23 years and most recently was assigned to the department’s Special Operations Division.
Records related to Mahl’s arrest filed in Harford County District Court, show Sheriff’s Department investigators state in charging documents that he allegedly committed the offenses of Sexual Solicitation of a Minor and Child Porn Solicitation on Monday, April 13, one day before he was arrested on April 14.
The court records show he was held without bond during his first appearance in court on April 14. A decision on whether he would be released while awaiting trial or continue to be held without bond was scheduled to be determined during an April 15 bond hearing. The outcome of that hearing could not be immediately determined.
Maryland
Evan Glass is leaning on his record. Is that enough for Montgomery County’s top job?
Gay county executive candidate pushing for equitable pay, safer streets, and cleaner environment
By TALIA RICHMAN | During a meet-and-greet at Poolesville Memorial United Methodist Church, Evan Glass got his loudest applause of the night with a plan he acknowledged was decidedly unsexy.
“Day one, I’ll hire a director of permitting services,” the county executive candidate said.
Doing so, he added, is a step toward easing the regulatory burdens that can stifle small businesses in Montgomery County.
The only problem? At least one of his fiercest competitors is making a similar pledge.
The rest of this article can be read on the Baltimore Banner’s website.
District of Columbia
D.C. bar, LGBTQ+ Community Center to mark Lesbian Visibility Week
‘Ahead of the Curve’ documentary screening, ‘Queeroke’ among events
2026 Lesbian Visibility Week North America will take place from April 20-26.
This year marks the third annual Lesbian Visibility Week, run by the Curve Foundation. A host of events take place from April 20-26.
This year’s theme is Health and Wellness. For the Curve Foundation, the term “lesbian” serves as an umbrella term for a host of identities, including lesbians, bisexual and transgender women, and anyone else connected to the lesbian community.
The week kicks off with a flag-raising ceremony on April 19. It will take place in New York, but will be livestreamed for the public.
“Queeroke” is one of the events being held around the country. It will take place at various participating bars on April 23.
As You Are, an LGBTQ bar in Capitol Hill, is one of eight locations across the U.S. participating. Their event is free and 21+.
On April 24, the D.C. LGBTQ+ Community Center will hold a screening of “Ahead of the Curve,” a documentary about the founder of Curve, Franco Stevens. The event is free with an RSVP.
April 25, is Queer Women in Sports Day. And on April 26, several monuments in New York will be illuminated.
Virtual events ranging from health to sports will be made available to the public. Details will be released closer to the start of Lesbian Visibility Week. Featured events can be found on the official website.
Some ways for individuals to get involved are to use #LVW26 and tag the official Lesbian Visibility Week account on social media posts. People are encouraged to display their lesbian flags, and businesses can hand out pins and decorate. They can also reach out to local lawmakers to encourage them to issue an official Lesbian Visibility Week.
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