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D.C. judge rejects ballot measure on gay marriage

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Opponents of same-sex marriage in the District of Columbia lost their second court challenge in less than a year Thursday when a Superior Court judge ruled that a voter initiative seeking to ban such marriages cannot be placed on the ballot.

Judge Judith Macaluso ruled that the D.C. Board of Elections & Ethics acted properly in November when it rejected a proposed initiative calling for banning same-sex marriages in the city.

The election board said seeking a gay marriage ban was an impermissible subject for a ballot measure because it would violate the city’s Human Rights Act, which bans discrimination based on sexual orientation.

“Today’s decision affirms the District’s effort to make our city open and inclusive,” said D.C. Mayor Adrian Fenty, who signed a same-sex marriage bill last month shortly after the City Council approved it.

City officials and Capitol Hill observes believe the bill will become law the first week in March, when it’s expected to clear a required congressional review of 30 legislative days.

“Thanks to the Superior Court, this historic legislation is now one crucial step closer to being implemented,“ said D.C. Attorney General Peter Nickles, who filed the city’s court brief opposing the ballot initiative.

“Many District residents have waited decades for full marriage rights,” he said. “Their wait will soon be over.”

The case on which Macaluso ruled, Harry Jackson Jr. v. District of Columbia Board of Elections & Ethics, is named for Bishop Harry Jackson, the Beltsville, Md., minister who is leading efforts to ban same-sex marriage in D.C.

Another Superior Court judge ruled against Jackson last year when he filed papers with the election board for a voter referendum to overturn a separate law that authorized the city to recognize same-sex marriages performed in other jurisdictions.

Similar to Thursday’s ruling, the earlier ruling upheld an election board decision rejecting Jackson’s proposed referendum on grounds that it would violate the city’s Human Rights Act.

Among those who signed on as co-plaintiffs with Jackson in the case decided Thursday were Rev. Walter Fauntroy, the city’s former congressional delegate; Ward 5 Advisory Neighborhood Commissioner Robert King; and Rev. Anthony Evans, a D.C. minister.

Attorneys representing Jackson and the other plaintiffs argued in court papers that the right of citizens to propose initiatives and referenda was established as an amendment to the congressionally approved D.C. City Charter. They noted that the restriction used by the city to disqualify initiatives and referenda that would violate the city’s Human Rights Act was established by a regular law passed by the City Council aimed at implementing the City Charter amendment.

According to Jackson and his attorneys, the Council’s restriction on an initiative or referendum seeking to ban same-sex marriage violates the City Charter, which created the initiative and referenda process without such a restriction.

In her ruling Thursday, Macaluso said the City Charter Amendment in question was passed by the City Council before being ratified by Congress. She said it gave the Council full authority to carry out the initiative and referenda process through implementing legislation.

“The most reasonable interpretation of events is that [the] Council … knew what it intended when it directed itself ‘to adopt such acts as are necessary to carry out the purpose of this [charter amendment ]’and that this intention included protection of minorities from the possibility of discriminatory initiatives,” Macaluso says in her ruling.

“Judge Macaluso applied the law impartially in this case, recognizing the D.C. Council’s right to define the initiative process consistent with the D.C. Charter,” said Tom Williamson, one of a team of attorneys who represented same-sex couples in a friend of the court brief supporting the city’s position in the case.

“The decision upholds the Council’s right to broadly protect human rights for all District residents,” said Williamson, who is with the D.C. law firm Covington & Burling, which is providing pro bono legal counsel to the same-sex couples.

Jackson and his fellow plaintiffs in the case could not be immediately reached for comment. They have said in the past that they would likely appeal a decision against them by Macaluso.

But some legal experts, including Williamson, have said Jackson most likely would not be able to appeal the case beyond the D.C. Court of Appeals to the federal courts, including the Supreme Court, because it doesn’t involve a federal constitutional issue.

Thirty-seven Republican members of the House of Representatives and two GOP U.S. senators had filed a separate friend of the court, or amicus, brief backing Jackson’s position in the case.

The GOP lawmakers are expected to take steps through congressional action later this year to overturn the city’s same-sex marriage bill after it becomes law in March. Same-sex marriage supporters, including national LGBT groups such as the Human Rights Campaign, have said they are hopeful that the Democratic controlled Congress will kill any attempt to overturn the marriage law.

“This second, back-to-back ruling by the D.C. Superior Court is an overwhelming victory for fairness, the rule of law and the protection of all D.C. residents against discrimination,” said Joe Solmonese, HRC’s president. “D.C. has the right to govern itself and make its own laws without the interference of 39 Republican members of Congress more interested in scoring cheap political points than in the everyday lives of D.C. residents.”

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Virginia

Va. Senate committee approves resolution to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate Privileges and Elections Committee on Wednesday by a 10-4 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

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Virginia

Mark Levine loses race to succeed Adam Ebbin in ‘firehouse’ Democratic primary

State Del. Elizabeth Bennett-Parker won with 70.6 percent of vote

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Former Va. state Del. Mark Levine (D-Alexandria)

Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) lost his race to become the Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria) in a Jan. 13 “firehouse” Democratic primary.

Levine finished in second place in the hastily called primary, receiving 807 votes or 17.4 percent. The winner in the four-candidate race, state Del. Elizabeth Bennett-Parker, who was endorsed by both Ebbin and Gov.-elect Abigail Spanberger received 3,281 votes or 70.6 percent.

Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the Spanberger administration as senior advisor at the Virginia Cannabis Control Authority.

Results of the Jan. 13 primary, which was called by Democratic Party leaders in Alexandria, Arlington, and Fairfax, show that candidates Charles Sumpter, a World Wildlife Fund director, finished in third place with 321 voters or 6.9 percent; and Amy Jackson, the former Alexandria vice mayor, finished in fourth place with 238 votes or 5.1 percent.

Bennett-Parker, who LGBTQ community advocates consider a committed LGBTQ ally, will now compete as the Democratic nominee in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state senate.

The Alexandria publication ALX Now reports that local realtor Julie Robben Linebery has been selected by the Alexandria Republican City Committee to be the GOP candidate to compete in the Jan. 10 special election. According to ALX Now, Lineberry was the only application to run in a now cancelled special party caucus type event initially called to select the GOP nominees.

It couldn’t immediately be determined if an independent or other party candidate planned to run in the special election.  

Bennett-Parker is considered the strong favorite to win the Feb. 10 special election in the heavily Democratic 39th District, where Democrat Ebbin has served as senator since 2012. 

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District of Columbia

Ruby Corado sentenced to 33 months in prison

Former Casa Ruby director pleaded guilty to wire fraud in 2024

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Ruby Corado (Washington Blade photo by Ernesto Valle)

A federal judge on Jan. 13 sentenced Ruby Corado, the founder and former executive director of the now closed D.C. LGBTQ community services organization Casa Ruby, to 33 months of incarceration for a charge of wire fraud to which she pleaded guilty in July 2024.

U.S. District Court Judge Trevor M. McFadden handed down the sentence that had been requested by prosecutors with the Office of the U.S. Attorney for the District of Columbia after Corado’s sentencing had been postponed six times for various reasons.

The judge also sentenced her to 24 months of supervised release upon her completion of incarceration.  

In addition to the sentence of incarceration, McFadden agreed to a request by prosecutors to hold Corado responsible for “restitution” and “forfeiture” in the amount of $956,215 that prosecutors have said she illegally misappropriated from federal loans obtained by Casa Ruby.

The charge to which she pleaded guilty is based on allegations that she diverted at least $180,000 “in taxpayer backed emergency COVID relief funds to private offshore bank accounts,” according to court documents.  

Court records show FBI agents arrested Corado on March 5, 2024, at a hotel in Laurel, Md., shortly after she returned to the U.S. from El Salvador, where authorities say she moved in 2022. Prosecutors have said in charging documents that she allegedly fled to El Salvador, where she was born, after “financial irregularities at Casa Ruby became public,” and the LGBTQ organization ceased operating.

Shortly after her arrest, another judge agreed to release Corado into the custody of her niece in Rockville, Md., under a home detention order. But at an Oct. 14, 2025, court hearing at which the sentencing was postponed after Corado’s court appointed attorney withdrew from the case, McFadden ordered Corado to be held in jail until the time of her once again rescheduled sentencing.   

Her attorney at the time, Elizabeth Mullin, stated in a court motion that her reason for withdrawing from the case was an “irreconcilable breakdown in the attorney-client relationship.”

Corado’s newly retained attorney, Pleasant Brodnax, filed a 25-page defense Memorandum in Aid of Sentencing on Jan. 6, calling for the judge to sentence Corado only to the time she had already served in detention since October.  

Among other things, Brodnax’s defense memorandum disputes the claim by prosecutors that Corado improperly diverted as much as $956,215 from federally backed loans to Casa Ruby, saying the total amount Corado diverted was $200,000. Her memo also states that Corado diverted the funds to a bank account in El Salvador for the purpose of opening a Casa Ruby facility there, not to be used for her personally.

“Ms. Corado has accepted responsibility for transferring a portion of the loan disbursements into another account she operated and ultimately transferring a portion of the loan disbursements to an account in El Salvador,” the memo continues.

“Her purpose in transferring funds to El Salvador was to fund Casa Ruby programs in El Salvador,” it says, adding, “Of course, she acknowledges that the terms of the loan agreement did not permit her to transfer the funds to El Salvador for any purpose.”

In his own 16-page sentencing recommendation memo, Assistant U.S. Attorney John Borchert, the lead prosecutor in the case, said Corado’s action amounted at the least to fraud.

“The defendant and Casa Ruby received no less than $1.2 million in taxpayer backed funds during the COVID-19 global health crisis,” he memo states. “But rather than use those funds to support Casa Ruby’s mission as the defendant promised, the defendant further contributed to its demise by unlawfully transferring no less than $180,000 of these federal emergency relief funds into her own private offshore bank accounts,” it says.

“Then, when media reports suggested the defendant would be prosecuted for squandering Casa Ruby’s government funding, she sold her home and fled the country,” the memo states. “Meanwhile, the people who she had promised to pay with taxpayer-backed funds – her employees, landlord, and vendors – were left behind flat broke.”

A spokesperson for the U.S. Attorney’s office and Corado’s attorney didn’t immediately respond to a request from the Washington Blade for comment on the judge’s sentence. 

“Ms. Corado accepts full responsibility for her actions in this case,” defense attorney Brodnax says in her sentencing memo. “She acknowledges the false statements made in the loan applications and that she used some of the money outside the United States,” it says.

“However, the money was still utilized for the same purpose and intention as the funds used in the United States, to assist the LGBTQ community,” it states. “Ms. Corado did not use the money to buy lavish goods or fund a lavish lifestyle.”  

Brodnax also states in her memo that as a transgender woman, Corado could face abuse and danger in a correctional facility where she may be sent if sentenced to incarceration.   

“Ruby Corado committed a crime, she is now paying the price,” said D.C. LGBTQ rights advocate Peter Rosenstein. “While it is sad in many ways, we must remember she hurt the transgender community with what she did, and in many ways they all paid for her crime.”

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