Connect with us

Local

Long lines, frayed tempers for couples seeking to wed

D.C. courthouse staff overwhelmed as DOMA ruling triggers boom in marriage applications

Published

on

David Kero-Mentz, Ken Kero-Mentz, gay marriage, same-sex marriage, marriage equality, District of Columbia, gay news, Washington Blade
David Kero-Mentz, Ken Kero-Mentz, gay marriage, same-sex marriage, marriage equality, District of Columbia, gay news, Washington Blade

David Kero-Mentz and his new husband Ken Kero-Mentz waited two hours for their marriage license to be processed in July. Despite the delay, the couple praised D.C. courthouse staff on the rush of gay marriage license applications following the death of DOMA. (Photo courtesy of the couple)

The number of people applying for a marriage license in D.C. each month has nearly tripled since the Supreme Court issued its landmark ruling on June 26 overturning the Defense of Marriage Act’s provision barring the federal government from recognizing same-sex marriages.

The D.C. Superior Court’s Marriage Bureau doesn’t keep track of the gender or sexual orientation of the couples applying for a marriage license. But court observers say gay and lesbian couples make up the overwhelming majority of the additional couples going to the Marriage Bureau on most days at the courthouse at 500 Indiana Ave., N.W.

“We were sitting there and there were so many same-sex couples,” said veteran lesbian activist and businesswoman Eva Freund in describing the scene in the waiting room at the Marriage Bureau last week as she and her partner of 21 years, Elke Martin, waited to be called to file their application for a marriage license.

The two women, who live in Vienna, Va., are among the large number of same-sex couples from states that don’t recognize gay marriage that are now getting married in D.C., which doesn’t have a residency requirement for obtaining a marriage license.

“We just kind of overwhelmed the place,” Freund told the Blade. “And then they called a name and it was a heterosexual couple. And Elke and I looked at one another and said, ‘What are they doing here?’ And then we said, ‘Oh yeah, they need papers, too.”

According to courthouse observers, Freund’s humorous anecdote may be the exception to the disposition of many of the couples – both gay and straight – who become irritable after waiting two hours or longer while the Marriage Bureau staff struggles to process the seeming explosion of applications since late June.

Ken Kero-Mentz, a U.S. Foreign Service officer, and his new husband, David Kero-Mentz, a German national, described their experience with the D.C. Superior Court’s Marriage Bureau as favorable, even though the two waited close to two hours in early July to have their license application processed. The couple also had to wait about eight weeks for an appointment to be married in a civil ceremony at the courthouse, a service the court began providing long before same-sex marriage became legal in D.C.

“Everyone was so nice to us,” said David Kero-Mentz, who is applying for U.S. permanent residency status now that the longstanding prohibition of immigration rights for gay bi-national couples ended with the Supreme Court ruling on DOMA.

Ken Kero-Mentz said he and David, while thrilled to be legally married, didn’t view their D.C. ceremony as that big a deal because they were joined as a couple in an official “registered life partner” ceremony in Berlin in 2008, with 95 friends and family members in attendance. Under German law, registered life partners have all the rights and benefits of a marriage, including immigration rights for foreign national partners.

The D.C. Superior Court has processed same-sex couple applications for marriage licenses since March of 2010, when the city’s marriage equality law took effect.

Court spokesperson Leah Gurowitz said that prior to the Supreme Court’s DOMA decision in late June, the court received on average between 300 and 400 license applications a month. But in July the number of couples applying for a license jumped to 977 and in August the number of couples applying totaled 908 – more than double the average, Gurowitz told the Blade.

“The D.C. Superior Court is committed to addressing the needs of those seeking our services as promptly as possible,” she said in a statement. “In order to meet the increased demand, additional staff have been detailed to the Marriage Bureau.”

Gurowitz added, “In addition, we are working to locate additional office space to help handle the number of applicants we are currently seeing each day, as well as evaluating work processes to improve our customer service.”

Gay rights attorneys have said they expected more same-sex couples to marry following the Supreme Court ruling, which cleared the way for married same-sex couples to obtain most if not all of the federal rights and benefits of marriage.

The Obama administration’s aggressive effort to quickly implement the DOMA ruling by directing federal agencies, including all the branches of the military, to provide marital benefits to same-sex spouses of federal workers, civilian and active duty military, has also boosted the number of lesbian and gay couples deciding to tie the knot, experts have said.

D.C. gay activist Christopher Dyer, who last year obtained a license to perform marriages as a court-approved officiant, said the number of same-sex couples seeking him out to perform their marriage has doubled since the Supreme Court decision.

“I’m getting more military people than ever before,” he said. “Many of them are from Virginia.”

Local gay rights attorney Michele Zavos, who practices family law in the D.C. metro area, said she and other attorneys familiar with the marriage laws of D.C. and Maryland are advising out-of-state clients to choose D.C. over Maryland as the preferred place to marry.

Although same-sex marriage became legal in Maryland earlier this year, Zavos points out that unlike D.C., Maryland has a residency requirement for couples seeking to get a divorce. This means that if a same-sex couple from Virginia or other states that don’t recognize gay marriage decide to marry in Maryland, they could not obtain a divorce in Maryland unless they become a Maryland resident for a year, Zavos said.

She noted that they couldn’t obtain a divorce in their home state if that state doesn’t recognize their marriage, especially if the state has a law or constitutional amendment specifically banning same-sex nuptials as Virginia does.

“Nobody wants to hear this, of course,” Zavos said. “They’re about to be married. They don’t want you to be talking to them about getting divorced.”

Nevertheless, Zavos said many same-sex couples knowledgeable about the residency rules for divorce are choosing D.C. and Delaware, which also allows out-of-state couples to file for a divorce without a residency requirement.

Among those encountering the brunt of the delays at the D.C. Superior Court’s Marriage Bureau are the private marriage officiants who, among other things, file marriage license applications at the courthouse for their same-sex couple clients.

Deborah Cummings-Thomas and her wife, lesbian activist Sheila Alexander-Reid, co-owners of Marry Me In D.C., Inc., specialize in marrying same-sex couples and taking care of the couples’ marriage-related paperwork.

“It’s a nightmare down there right now,” Cummings-Thomas said. “It often takes two hours, sometimes longer” to file a marriage license application, she said. “I’ve been there when people waiting have gotten very upset.”
She said 95 percent of the couples she marries are from jurisdictions outside D.C. and at least 95 percent or more of her clients arrange for her to go to the courthouse to deal with the application.

“The employees are very nice,” said Rev. Starlene Joyner Burns, another D.C. marriage officiant who reaches out to same-sex couples. “But they realize the office needs more help. It’s not a system that is broken. It’s just that the demand is greater than what it was in the past.”

One marriage officiant criticized Del. Eleanor Holmes Norton, claiming she should be doing more to secure funds to hire staff at D.C.’s marriage bureau.(Washington Blade file photo by Jeff Surprenant)

One marriage officiant criticized Del. Eleanor Holmes Norton, claiming she should be doing more to secure funds to hire staff at D.C.’s marriage bureau.(Washington Blade file photo by Jeff Surprenant)

Another marriage officiant, who spoke on condition of not being identified, criticized D.C. Congressional Del. Eleanor Holmes Norton for not pushing for more funds from Congress to hire additional staff at the courthouse to handle the greater demand for marriage licenses.

Congress and various federal agencies control the D.C. court system rather than the city government under the city’s limited home rule charter. Norton spokesperson Daniel Van Hoogstraten said he would look into the matter.

Others familiar with the Marriage Bureau noted that the D.C. City Council could help the situation by changing the wording in the city’s marriage law that requires a three-day waiting period between the time a marriage license application is submitted and the time a marriage can take place. Marriage laws in most other states have a similar waiting period but those states, like Maryland, issue the license during the applicants’ first visit to the state marriage bureau and post-date it to prevent the marriage from taking place until after the waiting period expires.

Critics of the D.C. Marriage Bureau say it requires applicants or officiants working on their behalf to return to the bureau a second time to pick up the license following the waiting period, a process that causes further delays.

But according to people familiar with the D.C. marriage law, the law prevents the Marriage Bureau from postdating a marriage license because it states explicitly that a license “shall not be issued until three days have elapsed” from the time the application is filed.

“They have two people handling 50 or 60 people at any given time,” said the marriage officiant who asked not to be identified. “They told me please do what you can to get out the word and help us get more staff.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

D.C. mayor honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ‘vital work’

Published

on

Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

“Whereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,” the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for “Black LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.”

It also praises Team Rayceen Productions for its partnership with the Mayor’s Office of LGBTQ Affairs in helping to produce “exciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.”

“Whereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,” the proclamation continues.

“Now, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,” it concludes.

“We thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,” Team Rayceen Productions says in a statement. “Starting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayor’s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nation’s Capital,” the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade – as online co-hosts, event staff, performers, DJs, photographers, and more,” says the statement.

Continue Reading

Local

D.C. jury finds AARP Services illegally fired gay man

Former employee awarded $2.1 million in damages

Published

on

Richard A. Deus, Jr.

A D.C. Superior Court jury on March 15 handed down a verdict finding that the D.C.-based AARP Services, Inc., an arm of the AARP that interacts with businesses supportive of the nation’s seniors, illegally fired a gay manager because of his sexual orientation.

The jury’s verdict, which it said was based on a “preponderance of evidence,” came six years after Richard A. ‘Rick’ Deus Jr., who worked for AARP and AARP Services for 11 years, filed a lawsuit against his former employer in May 2018. The lawsuit charges that AARP Services violated the D.C. Human Rights Act by firing him after falsely accusing him of accepting gifts for travel from businesses affiliated with AARP that violated AARP employee ethics policies.

His lawsuit says he was fired in February 2018. At that time, he held the title of director of program management at AARP Services.

The lawsuit says AARP Services cited the alleged travel violations as the reason for its decision to fire him. The lawsuit named AARP Services and its then chief executive officer, Lawrence Flanagan, as the two defendants responsible for Deus’s firing.

But the jury’s verdict only named AARP Services as being at fault in the firing. It did not find Flanagan at fault and did not hold him responsible for damages, even though Flanagan testified at the trial that he made the final decision to terminate Deus on grounds that Deus violated the travel policy.

The jury also chose not to hold AARP Services responsible for paying punitive damages to Deus, whose lawsuit called for $5 million in compensatory damages and an additional $5 million in punitive damages.

In its verdict, according to online court records, the jury awarded Deus $1,612,916.18 in compensatory damages and $578,351 in damages for emotional distress that AARP Services is required to pay Deus. The court records show the jury awarded Deus another $1,118.89 to be paid by AARP Services for its alleged breach of contract with him in its decision to fire him.

An attorney representing AARP Services immediately following the verdict filed a motion requesting that Superior Court Judge Shana Frost Matini, who presided over the trial, issue a “directed verdict” overturning the jury’s verdict. 

Such a motion is often filed by individuals or organizations on the losing side of a lawsuit, but such requests are rarely approved. Matini said she would schedule a hearing to consider the motion in May.

“I’m thrilled that the jury found that I was treated differently from my co-workers and discriminatorily fired,” Deus told the Washington Blade after the jury handed down its verdict. “That’s clearly what they found, and they awarded emotional pain and suffering,” he said. “But overall, I’m elated. It’s been six years of my life that I’ve been fighting and telling people that I was treated differently than anybody else and today I got my vindication.”

Laura Segal, AARP’s Senior Vice President for External Affairs, told the Blade in a statement, “AARP is pleased with the jury’s verdict that Lawrence Flanagan lawfully terminated Richard Deus’s employment.” She added, “AARP Services, Inc. (ASI) disagrees with the remainder of the verdict and is exploring all options for further legal review. We remain committed to an inclusive culture and warmth and belonging, where everyone is welcome.”

Attorneys representing AARP Services argued at the trial and presented witnesses denying Dues was fired because of his sexual orientation. They asserted that AARP Services had and still has gay and lesbian employees and managers and that the company has a longstanding policy of prohibiting  discrimination on grounds of sexual orientation or marital status.

Deus’s lawsuit accused AARP Services of targeting Deus for discrimination based on his marriage to another man as well as for his sexual orientation. The jury did not find that AARP Services engaged in discrimination against Deus based on his marital status.

Flanagan was among the lead defense witnesses who testified at the nine-day-long trial. He testified that he has worked for many years with gay colleagues, has a gay relative who he admires, and would never have allowed his staff to engage in discrimination while he served as AARP Services CEO.

He noted in his testimony that his decision to fire Deus was based, in part, on the recommendation of AARP Services’ human resources or personnel director, Michael Loizzi, who is an openly gay man. Loizzi, who also testified at the trial, said that as a gay man he would never have called for Deus or anyone else to be fired because of their sexual orientation. He stated in his testimony that he recommended to Flanagan that Deus be fired because Deus violated AARP Services travel policy and lied to his supervisor about the details of the travel to get his supervisor’s approval under false pretenses.

Deus, during his own testimony, strongly disputed claims that he obtained permission for his travel by providing false information to his supervisor. His lawsuit states that both his supervisor and AARP Services’ legal counsel cleared him for the two trips that he has been accused of taking in violation of policy.

His lawsuit identifies heterosexual AARP and AARP Services employees who have taken business trips like the two taken by Deus that allegedly violated travel policy who were not fired or disciplined. A few faced disciplinary actions but were allowed to retain their jobs, the lawsuit says.

“This case is about the unequal treatment of a gay man when juxtaposed to the treatment of our heterosexual comparators,” Darrell Chambers, Deus’s lead attorney, told the Washington Blade after the verdict. “This is not a case about an organization or a group of people who hate gay people and decided that they were going to fire this man because they hate him,” Chambers said.

“Instead, it’s a case where the punishment that they consistently applied to gay employees, re Mr. Deus and Mr. Sanders, was harsher, far harsher than the punishment they applied to heterosexual employees who committed the same or similar acts.”

Chambers was referring to former AARP Services employee Jack Sanders, who is gay and who testified on video played at the trial that he was summarily fired on grounds that he allegedly sent pornographic photos or video images to another AARP Services employee, who complained about receiving the pornographic images.

Sanders has said the pornographic images in question were sent to the employee by his ex-boyfriend who wanted to portray Sanders in a negative light. Through telephone and wire transmission records Sanders was able to show that the images in question were sent from a device in Washington, D.C. at a time that Sanders was in Chicago, proving that Sanders could not have been the person who sent the images.

Deus’s attorneys brought out at the trial that AARP Services failed to give Sanders a chance to defend himself, prompting him to file his own lawsuit against AARP Services for which a settlement was reached. The terms of the settlement have not been publicly disclosed. But Deus’s attorneys cited Sanders’s case as yet another example of how AARP Services has treated gay employees differently from heterosexual employees.

AARP Services attorney Alison Davis argued during the trial that discrimination based on Deus’s sexual orientation had nothing at all to do with the decision to fire him. Davis told the jury that the two trips that Deus took that led to his firing, one to New York City and the other to New Orleans to attend the Sugar Bowl football game, were financed in part by companies that do business with AARP in violation of AARP and AARP Services policies for travel. Among other things, she said the Sugar Bowl is considered a championship game that has a value higher than smaller gifts that AARP employees are allowed to accept.

Deus testified that his reason for accepting an invitation to the Sugar Bowl game was to spend time with the new account director at the Allstate insurance company, which paid for the Sugar Bowl game ticket. “In 2019, we were going to be negotiating a new contract with Allstate and we wanted to establish a good relationship with her before the contract negotiations began,” he told the Blade. “That’s how you do business.”

Deus said he was referring to Allstate’s business relationship with AARP Services, which he said, similar to its interaction with other businesses, helps AARP provide support and services to the nation’s senior citizens.

In her cross examination of Deus on the witness stand, Davis also raised AARP Services’ claim in contesting the lawsuit that the emotional distress and depression that Deus says he suffered because of his firing could have been caused by issues unrelated to the firing. Davis asked Deus if his emotional distress was caused by stress that Deus has said he experienced years earlier when he came out as gay to his parents, who are ordained ministers, and in his interaction with his sister, who had been diagnosed as being bipolar. 

Deus said that while his coming out to his conservative parents nearly 30 years ago and his sister’s mental health issues were a concern years earlier, he and his parents had long since reconciled over his sexual orientation and his sister’s mental health issues played no role whatsoever in the emotional distress he experienced after being fired by AARP Services.

In her cross examination of Deus on the witness stand, Davis also asked him if his decision to be interviewed by the Washington Blade last year for a Blade story about his lawsuit could have contributed to the difficulty, he said he encountered in finding employment after he was fired by AARP Services. Deus, who testified that he was hired by at least one other company that later laid him off, said he did not believe a Blade story about his lawsuit would have an adverse impact on him.  

Continue Reading

Baltimore

Power Plant Live! opens Club 4, its first LGBTQ bar

Ryan Butler, known by his drag persona Brooklyn Heights, helped launch venue

Published

on

Ryan Butler, also known as drag performer Brooklyn Heights, stands in the space at Power Plant Live! that will house Club 4. (Photo by Kaitlin Newman for the Baltimore Banner)

BY JOHN-JOHN WILLIAMS IV | Ryan Butler wanted a place where all members of the LGBTQ community could enjoy drag, drinks and fellowship in a safe space. He found it by the Inner Harbor.

Butler jumped at the opportunity to help open Club 4, the first LGBTQ-themed bar to occupy the popular Power Plant Live! venue.

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

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular