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Cuccinelli challenges Va. sodomy ruling

Att’y gen’l asks appeals court for re-hearing of case

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Ken Cuccinelli, Virginia, gay news, Washington Blade
Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

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.

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District of Columbia

Oral arguments held in Casa Ruby civil suit appeals case

Alston Foundation urges judges to overturn dismissal of ‘negligence’ lawsuit

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Ruby Corado pleaded guilty in to a single charge of wire fraud. (Washington Blade file photo by Ernesto Valle)

A three-judge panel of the D.C. Court of Appeals heard oral arguments May 7 on whether a 2023 decision by a D.C. Superior Court judge dismissing a lawsuit against seven of the eight former board members of the now-defunct Casa Ruby LGBTQ community services center should be overturned.

The Wanda Alston Foundation, an LGBTQ youth housing services group that assumed control over the operations of Casa Ruby in August 2022 under a court appointed receivership role, filed its lawsuit against the former board members in December 2022 under the Casa Ruby name.

It accuses them of violating D.C.’s nonprofit corporations’ law by failing to “hold regular meetings/or maintain official records – thereby exercising no oversight or governance over the organization.” 

Among other things, the lawsuit said the former board members failed to take steps to prevent Casa Ruby’s founder and former executive director, Ruby Corado, from embezzling large sums of Casa Ruby funds for personal use.

Corado, who was arrested in March 2024 on multiple embezzlement related charges, pleaded guilty in July 2024 to a single charge of wire fraud under a plea agreement with prosecutors. She is scheduled to be sentenced on July 29, 2025.

The lawsuit called on the court to require Corado and the former board members to pay “restitution, compensatory damages, punitive damages, receivership fees and expenses, court costs, attorneys’ fees and expenses and any other relief the court deems necessary and proper.”

In May 2023, at the request of defense attorneys, D.C. Superior Court Judge Danya A. Dayson dismissed the lawsuit against seven of the eight former board members but did not dismiss the case against Corado and one of the board members who allegedly received improper financial benefits from Corado.

Dayson stated in her dismissal decision that it was based on her interpretation of a D.C. law that members of an organization’s board of directors can only be held liable for harming an organization like Casa Ruby if they “intentionally, rather than negligently, inflicted harm on Casa Ruby.”

According to Dayson, the law in question also says board members can be held responsible for harming an organization if a “board member intentionally violated a criminal law or that the board member received some amount of money to which they were not entitled.” She states in her decision that the Alston Foundation lawsuit did not provide sufficient evidence that the seven board members committed those types of violations.

Attorneys for the Alston Foundation disputed Dayson’s interpretation of the law in their initial legal brief filed before the D.C. Court of Appeals in February 2024. Among other things, the brief argued that the Alston Foundation’s Third Interim Report in its role as Casa Ruby receiver provides sufficient evidence that the former board members are legally liable for harming Casa Ruby.

That and follow-up briefs and their oral arguments at the May 7, 2025, hearing state that the appeals court can find that the former board members “were deliberately indifferent’ or ‘willfully blind’ to the alleged wrongful conduct of the nonprofit’s executive director amounting to actual knowledge on their part that inaction would harm the non-profit, ultimately and forcibly leading to its financial inability to continue operating.”

A follow-up brief filed by Alston Foundation attorney Theodore Howard argues that the former board members violated Casa Ruby’s by-laws by conducting only one board meeting in six years.

According to the brief, that “allowed Ms. Corado to maintain complete authority over the organization, including by allowing her to unilaterally appoint new Board members” and allowed her “to maintain sole control over Casa Ruby’s bank and financial accounts, even after Ms. Corado cut off access to those accounts to anyone but herself.”

An opposing brief filed by attorney Marlin Grifith, who is representing former board member Miguel Rivera, states that the decision dismissing the lawsuit correctly interpreted the law pertaining to nonprofit corporations.

“The Superior Court did not err…,” the brief states, adding “there are no facts alleged that support a conclusion of reasonable inference that the individual board members acted with actual knowledge that their inaction would cause harm to the organization.”

Howard, the attorney representing the Alston Foundation in its role as Casa Ruby receiver, said the attorneys on both sides of the case are now waiting for the three-judge appeals court panel to issue their decision. 

If they rule in favor of Casa Ruby/Alston Foundation, the case will be sent back to the Superior Court for further proceedings on the lawsuit, Howard said. He said negotiations would likely begin for a possible out-of-court settlement.

If the appeals court rules in favor of the former board members by finding they did not intentionally and knowingly inflict harm to Casa Ruby, “then the case, at least as between Casa Ruby [via the Alston Foundation] and the former board of directors, will be over,” Howard said.

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District of Columbia

Celebrate Frank Kameny’s 100th birthday at Supreme Court event

Rep. Torres, Jim Obergefell to speak on May 21

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Frank Kameny would have turned 100 on May 21. (Washington Blade file photo by Michael Key)

Rep. Ritchie Torres (D-N.Y.) and Jim Obergefell will join national LGBTQ organizations and activists, and speak at 12 p.m. in front of the Supreme Court on May 21 to celebrate the 100th birthday of Frank Kameny, one of the founders of the modern LGBTQ civil rights movement. 

City Council members Erik Bottcher (New York City), Rue Landau (Philadelphia), and Zachary Parker (Washington, D.C.) will also speak.

During the demonstration on what would have been Kameny’s 100th birthday, activists will hold 100 candles in front of the Supreme Court. Sen. Tammy Baldwin and Obergefell are serving as national honorary co-chairs of the celebration. 

The national event honors Kameny and pushes back on those who would try to render the LGBTQ community invisible, deny their history, and subvert their equality; and celebrates the 10th anniversary of Obergefell v. Hodges, the 2015 Supreme Court marriage equality decision. 

“Frank Kameny was a strategic activist. He used picketing, politics, the courts, media, and pressure on the federal and municipal governments to fight for equality,” said Malcolm Lazin, National Chair, Kameny 100. “On the 10th anniversary of marriage equality, we’re honored to have as keynote speakers Jim Obergefell and Congressman Ritchie Torres, co-chair, Congressional Equality Caucus.” 

Collaborating national organizations include Advocates for Transgender Equality, The American LGBTQ+ Museum, Equality Forum, GLAAD, HRC, Lambda Legal, LGBT History Month, LGBTQ+ Victory Fund, PFLAG, SAGE, and the Washington Blade. 

 To learn more, visit kameny100.org.

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Rehoboth Beach

Del. Gov. Meyer to join Washington Blade party in Rehoboth on Friday

18th annual summer kickoff event to feature Sen. Huxtable, prizes, more

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Delaware Gov. Matt Meyer (Screen capture via DETV/YouTube)

The Washington Blade’s 18th annual Summer Kickoff Party is scheduled for Friday, May 16 in Rehoboth Beach, Del.

Delaware Gov. Matt Meyer has joined the list of speakers, the Blade announced on Tuesday.

The event, held at the Blue Moon (35 Rehoboth Ave.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.

The event will also feature remarks from state Sen. Russ Huxtable, who recently introduced a state constitutional amendment to codify the right of same-sex couples to marry. CAMP Rehoboth Executive Director Kim Leisey and Blade editor Kevin Naff will also speak, in addition to surprise guests. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Blue Moon.

A suggested donation of $20 is partially tax deductible and includes drink tickets and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door. 

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