Local
Two more D.C. ballot measures proposed to ban same-sex marriage
Gay marriage opponents have filed papers with the city’s election board proposing two more ballot measures to overturn a same-sex marriage law the D.C. City Council passed and Mayor Adrian Fenty signed in December.
Bishop Harry Jackson, the Beltsville, Md., minister who is leading efforts to oppose same-sex marriage in the District, filed papers Wednesday calling for a voter referendum to block the Religious Freedom & Civil Marriage Equality Amendment Act from becoming law.
And in a separate development that went largely unnoticed, Ward 8 resident Joyce Little filed papers with the Board of Elections & Ethics on Dec. 23 calling for a voter initiative that seeks to overturn the same-sex marriage bill by banning same-sex marriage in the city.
“The purpose of this initiative is to allow the citizens of the District of Columbia to vote to preserve traditional marriage as between one man and one woman,” Little wrote in a summary statement submitted to the election board.
The election board scheduled a Feb. 16 public hearing for Little’s initiative. Board General Counsel Kenneth McGhie said the board was in the process of scheduling another hearing sometime this month for Jackson’s referendum proposal.
In a related development, two U.S. senators and 37 members of the House of Representatives — all Republicans — filed a friend-of-the-court brief this week in support of an older lawsuit from Jackson that seeks to force the city to hold a voter initiative on the gay marriage question. Jackson filed the lawsuit last year after the election board ruled that a ballot measure seeking to ban gay marriage would violate the city’s Human Rights Act and therefore not allowable.
The GOP lawmakers’ brief was countered by another friend of the court, or amicus, brief filed by three D.C. same-sex couples that were married in other states and another same-sex couple that hopes to marry in the District later this year. Also signing on to the couples’ brief were the local same-sex marriage advocacy groups D.C. Clergy United and Campaign for All D.C. Families.
Attorneys for same-sex marriage supporters and opponents argued on behalf of their respective motions and briefs at a hearing Wednesday before Superior Court Judge Judith Macaluso, who is expected to issue a ruling on Jackson’s lawsuit in the next few weeks.
The two new ballot measure proposals, including the ones filed in December by Little and this week by Jackson, come on the heels of decisions last year by the election board rejecting an earlier initiative and referendum proposal — both introduced by Jackson and his backers. A D.C. Superior Court judge last spring upheld the board’s ruling rejecting the referendum.
Macaluso is deliberating over Jackson’s lawsuit seeking to overturn the board’s decision to disallow his earlier initiative proposal.
Most legal observers expect the election board to reject the initiative filed this week by Little. Little could not be reached to determine whether she plans to appeal in court any board decision denying her request for the initiative.
“If they keep coming back and the courts continue to rule against them, at some point the courts will throw these cases out in summary judgment,” said gay activist Peter Rosenstein, who is a board member of the Campaign for All D.C. Families. “You can’t keep going back to the courts with the same case.”
But Jackson and Ward 5 Advisory Neighborhood Commissioner Robert King have vowed to do just that, saying they believe a higher-level court will eventually force the city to hold a referendum or initiative that brings the subject of gay marriage before the city’s voters.
Marriage bill goes to Hill
Meanwhile, the City Council’s Office of Legislative Affairs sent the same-sex marriage bill passed by the Council and signed by Fenty to Congress on Jan. 5 to arrange for a required congressional review of the law, according to office staffer Ebony Henry.
Henry said her office’s decision to wait more than two weeks after Fenty signed the bill Dec. 18 to send it to Capitol Hill was due to the office’s normal processing of bills that get sent to Congress for their required congressional review of 30 legislative days.
The clock for the congressional review is expected to start ticking next week, when the House begins its 2010 legislative session.
Capitol Hill observers initially thought the congressional review would be completed sometime in March, but some are now speculating the review could be concluded as early as February.
“Nobody knows for sure because it all depends on how many days we’re in session in any given week,” said one Capitol Hill staffer, who spoke on condition of not being identified.
Little, who filed papers in December for an initiative to overturn the city’s same-sex marriage law, filed a motion in federal court the same month seeking an injuction to block the City Council from voting on the same-sex marraige bill at its regularly scheduled legislative session. U.S. District Court Judge Colleen Kollar-Kotolly denied the motion Dec. 15, the same day the Council passed the bill, saying Little failed to provide evidence to support her claim that allowing the Council to vote on the marraige bill would cause the city and gay marraige opponents “irreparable harm.”
Little did not issue a public announcement about her motion for the injunction, and most local activists and Council members were unaware that she had made an apparently unprecedented attempt to ask a court to stop the Council from voting on a bill.
One issue is ‘home rule’ scope
U.S. Sens. James Inhoff (R-Oak.) and Roger Wilkins (R-Miss.) joined 37 conservative GOP House members, most of whom are vocal opponents of LGBT rights, in filing the amicus brief in support of the lawsuit by Jackson to force the city into holding a voter initiative on gay marriage.
“Under the United States Constitution, they serve as members of the ultimate legislative authority for the District of Columbia and the very body which delegated to the District its limited legislative power under home rule,” the amicus brief states.
D.C. home rule advocates, including LGBT groups that have pushed for full voting rights for D.C. in Congress, are likely to interpret the brief as a signal by the GOP lawmakers that they will seek to overturn the same-sex marriage law sometime in the future if Jackson loses his court fight. Congress retains authority to overturn any D.C. law at any time.
Most political observers believe the city’s same-sex marriage law will be protected as long as Democrats retain control of Congress, but they caution that the law could be in jeopardy if Republicans gain control in the future.
The same-sex couples who filed the amicus brief opposing Jackson’s lawsuit include city residents Trevor Blake and Jeff Krehely; Amy Hinze-Pifer and Rebecca Hinze-Pifer; Vincent Micone and Thomas Metzger; and Reginald Stanley and Rocky Galloway.
The nationally known law firm Covington & Burling is providing pro-bono legal representation for the same-sex couples in the case.
Virginia
Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address
Gay state senator to take job in Spanberger administration
Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.
Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.
Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.
His Senate district includes Alexandria and parts of Arlington and Fairfax Counties.
“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.
“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”
Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”
Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.
In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”
Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.
“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.
“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”
He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.
The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.
In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.
Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.
“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”
Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”
“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”
And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”
District of Columbia
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Gay former corrections officer says harassment, discrimination began in 1993
Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.
The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.
A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”
The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:
Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.
Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.
The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.
Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”
With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.
He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.
BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?
JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.
And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.
BLADE: Can you tell a little about that and when it will begin?
JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.
BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?
JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.
BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?
JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.
BLADE: How many years have you been working for the Department of Corrections?
JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.
BLADE: Do you have any plans now other than doing the podcast?
JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.
BLADE: So, did you first start your work at the Lorton Prison?
JONES: Yes, I was at the central facility, which was the program institution.
MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.
BLADE: Yes, and that was located in Lorton, Va., is that right?
JONES: Right.
BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?
JONES: Yes. And that closed in 2001.
BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?
JONES: Yes, sir. And next-door is the correctional treatment facility as well.
BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?
JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.
BLADE: What do you mean by flashing?
JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.
BLADE: As best you can recall, where and what year did that happen?
JONES: That was back in 1993 in April of 1993.
BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?
JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.
They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.
BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?
JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.
BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?
JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.
BLADE: Is there any kind of concluding comment you may want to make?
JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.
Baltimore
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Hit show raises questions about identity, cultural representation
By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.
For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.
In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.
The rest of this article can be read on the Baltimore Banner’s website.
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