Local

Cuccinelli denied sodomy ruling rehearing

Will Virginia Attorney General take case to Supreme Court?

Published

13 years ago

April 9, 2013

Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

Virginia Attorney General Kenneth Cuccinelli hoped to challenge a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)

The Fourth Circuit U.S. Court of Appeals in Richmond issued an order on Monday denying a petition by Virginia Attorney General Ken Cuccinelli asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.

In an action that surprised some court observers, the order says none of the court’s judges requested a poll among themselves to determine which, if any of them, favored Cuccinelli’s request for an en banc rehearing of the sodomy case by the court’s 15 active judges and one senior judge.

Under court rules, if no judge calls for a poll or vote on the issue, the petition for a rehearing is automatically denied in what, in effect, becomes a unanimous decision.

Among the judges that chose not to approve a rehearing was Judge Albert Diaz, who wrote the dissent in the three-judge panel’s 2-1 ruling declaring Virginia’s “Crimes Against Nature” statute unconstitutional. The statute classifies sodomy between consenting adults, gay or straight, as a crime.

“It’s a pretty resounding rejection,” 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. “There really wasn’t any interest in doing this at all by anybody.”

Caroline Gibson, Cuccinelli’s deputy communications director, didn’t respond to a question from the Blade about whether Cuccinelli plans to petition the U.S. Supreme Court to take the case, which would be the last remaining step to challenge the appeals court ruling overturning the sodomy law.

“We would hope that they wouldn’t,” Gastanaga said. “We would hope that they would understand what they need to do is work to get this law off the books. But I wouldn’t be surprised if they filed a petition for cert.”

Gastanaga was referring to the process for taking a case before the Supreme Court through the filing of a petition for a Writ of Certiorari. At least four of the nine justices on the high court must approve certiorari or “cert” in order for the court to accept a case for consideration on the merits.

The March 12 ruling by the three-judge panel of the Fourth Circuit appeals court overturned a lower court decision upholding the conviction of a 47-year-old man charged in 2004 with soliciting a 17-year-old woman to engage in oral sex on grounds that the sodomy statute is unconstitutional. No sexual encounter took place, according to court records.

Cuccinelli’s office argued in its 21-page petition for a rehearing that the Supreme Court’s 2003 Lawrence v. Texas decision overturning state sodomy laws didn’t apply to cases involving minors. However, Fourth Circuit Court of Appeals Judge Robert King, who wrote the majority opinion, said the Lawrence decision rendered the Virginia sodomy statute “facially” or completely unconstitutional.

“As we stated last week, this case has nothing to do with sexual orientation or private sexual acts between consenting adults,” Gibson told the Blade in an email on Tuesday. “It’s about using current law to protect a 17-year-old girl from a 47-year-old sexual predator. The attorney general is committed to protecting Virginia’s children from predators who attempt to exploit them and rob them of their childhood.”

Gibson said Cuccinelli agreed with the dissenting judge that the defendant in the case wasn’t entitled to relief from the three-judge panel of the fourth circuit appeals court and the full court should have been given an opportunity to decide the matter.

Judge King stated in the majority opinion that other laws could be used to prosecute an adult for engaging in sex with a minor and that the state legislature would likely have authority under the Lawrence decision to pass a new law specifically outlawing sodomy between an adult and a minor.

Virginia State Sen. Adam Ebbin (D-Alexandria), who’s gay, has said he is considering introducing a bill next year to repeal the Crimes Against Nature law for consenting adults.

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Baltimore

Popular Mount Vernon gay bar Leon’s to temporarily close after owner’s death

Ron Singer passed away on July 7

Published

2 days ago

July 17, 2026

Baltimore Banner

Leon’s Backroom Bar in Mount Vernon. (Photo by Jessica Gallagher for the Baltimore Banner)

By WESLEY CASE | Leon’s Backroom, Baltimore’s oldest gay bar, temporarily shut down after service on Wednesday night, according to a post on the business’s Instagram page.

The announcement comes a little more than a week after the death of the Mount Vernon bar’s owner, Ron Singer, who died at 66 on July 7.

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

Local

Comings & Goings

New garden center offers array of products in Rehoboth

Published

2 days ago

July 17, 2026

Peter Rosenstein

Bay Laurel Home & Garden is located just outside Rehoboth on Route 1.

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].

Congratulations to Stuart Ortel and Scott Marker, and Dave Lyons and Rick Hardy, on the recent opening of their garden center on Route 1 in Rehoboth Beach, in the former Farmer Girl site. It is called Bay Laurel Home and Garden and debuted earlier this year. The four owners are all well known to the denizens of Rehoboth Beach.

Stuart and Scott have been active members of the Rehoboth Beach community since 1999. Stuart is a landscape architect, and has established relationships with many local folks in the building and landscape industry. When this opportunity for Bay Laurel Home & Garden presented itself, and they had the perfect team of people in place, he and Scott were committed to making it a reality. So, when Scott and Stuart introduced this opportunity to create a new garden center to Dave and Rick, they embraced the chance to cultivate a business where beautiful plants, inspiring home and garden products, and outstanding customer service come together. Dave and Rick knew about owning a business in Rehoboth as they previously owned Coho’s Market, where they discovered firsthand the value of serving their community, and the rewards of running a locally owned business.

The garden center launched with a refreshed brand identity, updated merchandising, and expanded product lines, all designed to create an inspiring and welcoming environment for your home. Bay Laurel Home & Garden offers a beautifully appointed garden center and curated home and gift shop.

The new center features a full nursery with annuals, perennials, shrubs, trees, and seasonal selections; a garden center offering pottery, fountains, and garden ornamentation, and essential tools and garden supplies. It has a garden shop featuring unique indoor/outdoor furnishings and accessories, and a gift shop featuring botanical and coastal style items for home and entertaining.

Rehoboth Beach

Celebrate Pride in Rehoboth Beach this weekend

‘A vital space for community, healing, and connection’

Published

4 days ago

July 15, 2026

Thomas Weaverling

Rehoboth’s Pride festivities kick off Friday. (Washington Blade file photo by Daniel Truitt)

Pride in Rehoboth Beach is kicking off this week on Friday, July 17, with events happening throughout the weekend.

“Rehoboth Beach Pride is more than a festival — it is a vital space for community, healing, and connection,” said David Mariner, director of Sussex Pride, which organizes many of the events.

The weekend will begin with the Grand Opening & Community Preview from 1-4 p.m. on Friday, July 17, celebrating the opening of Novus Medical Services and the new Sussex Pride Community Center.

This will be followed by an Interfaith Pride Service at 6 p.m. at the Metropolitan Community Church Rehoboth to gather for healing and the affirmation of queer spirituality with Rev. Carla Christopher, chair of Sussex Pride Faith.

Members of the community are then invited to head over to join the Rehoboth Beach Bears at the Pines to have dinner, mingle, and give back to local initiatives.

End the first night of Pride in Rehoboth at Diego’s Bar & Nightclub with music by DJ Joey P from 9 p.m.-1 a.m.

Rehoboth Beach Pride Festival will take place on Saturday, July 18, 2026, from 9 a.m.- 3 p.m. inside the Rehoboth Beach Convention Center. A full list of events is available at rehobothbeachpride.org.

Roxy Overbrooke will host on the main stage as live performances take place throughout the day, featuring music from DJ MK and Tribe 9 Entertainment.

The festival will include educational workshops, community meetups, and a raffle dedicated to raising funds for unhoused LGBTQ+ youth across Delaware.

Feature workshops include panels discussing topics such as unhoused LGBTQ+ youth in Delaware, the needs of trans and non-binary youth, as well as the increase in HIV and syphilis diagnoses amid federal budget cuts, in a panel moderated by Blade Editor Kevin Naff.

Saturday night will also feature an evening comedy and entertainment show at the Convention Center presented by the Gay Women of Rehoboth. Performers will include comedians Suzanne Westen h oefer and Karen Mills as well as musician Kristen Merlin. Tickets are available at gaywomenofrehoboth.org.

The Rehoboth Beach Pride Ride will take place at 10 a.m. on Sunday, July 19, hosted by the Dykes on Bikes Rehoboth Beach Women’s Motorcycle Club, starting at Lefty’s.

Goolee’s Drag Brunch will also take place on Sunday from 12-2 p.m at Goolee’s Grille. This is a family-friendly event hosted by Regina Cox and Ruby, featuring Aurora Sterling, Michelle Leigh Sterling, Scarlet St. Cartier, and Joanna Blue. Tickets can be purchased online.

Pride in Rehoboth will conclude at 2 p.m. with the official Rehoboth Beach Pride Closing Party at Aqua Bar & Grill, celebrating the venue’s landmark 20th anniversary with DJ Biff until 7 p.m.

Due to an influx of visitors for the summer season, those coming from out-of-town are encouraged to use the Park & Ride.