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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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Comings & Goings

David Mack named inaugural executive director of IN series

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David Mack (Photo by Jeff Ellingson)

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]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Mack onbeing named the inaugural executive director of the IN series. On accepting the position Mack said, “I’m excited to join the D.C. community as IN Series’ inaugural executive director as the company enters its adventurous next chapter. I’m eager to meet audiences across the Baltimore and Washington, D.C. area in order to help expand access to innovative opera — whether they’re longtime enthusiasts or discovering it for the first time. Thank you … to the IN Series hiring committee for inviting me into your world with open arms, and such generosity of spirit.”

Mack is a seasoned arts executive and producer, with more than 15 years of leadership experience in innovative performing arts organizations, including the African American Art &Culture Complex; Joe Goode Performance Group; and Invertigo Dance Theatre. As a strategic arts consultant, his clients have included LA Dance Project, Diavolo, Architecture in Motion, and Center Theatre Group. As general manager of The Industry, he produced Invisible Cities at LA’s Union Station in collaboration with the LA County Metropolitan Transportation Authority. 

Mack has served on the boards of the LA Producer’s League, Western Arts Alliance, and Creative West, and advocated on behalf of artists as a member of the SF Arts Alliance, and Greater Bay Area Arts Coalition. Mack was co-founder of Theatre Magnet, Artist Magnet and Artist Magnet Justice Alliance, a series of Oakland-based arts service and consulting organizations. He is currently a DeVos Institute of Arts & Nonprofit Management Global Executive fellow. He earned his master’s in theater at the California Institute of the Arts.

Chord Bezerra

Congratulations also to Chord Bezerra who is returning to the U.S. Pharmacopeia as Senior Design Manager. Upon accepting the position he said, “Returning to U.S. Pharmacopeia as Senior Design Manager feels like coming home to a mission I care deeply about — using design to make complex science clearer, more human, and more accessible to the people it serves.”

Bezerra has more than 20 years of experience in design leadership and management. He has most recently been manager, Brand and Advertising, CareFirst Blue Cross Blue Shield. Prior to that he was Senior Lead Designer (contractor) CareFirst Blue Cross Blue Shield. His initial stint with Pharmacopeia in Rockville, Md., was as a senior graphic designer. While there, he oversaw award-winning design (2020 Hermes & Marcom Awards); mentored and directed junior designers; and fostered visual storytelling solutions by directing junior designers for two years. He has served as chair and founding member of eQuality Alliance, USP’s first LGBTQIA+ Affinity Group.  

Bezerra had his own company for many years, Chord Bezerra Creative in D.C. Clients included national and non-profit organizations such as American Association for the Study of Liver Diseases, The Limited, Columbia Business School, Victory Fund, Zengo Cycling, Capital Pride, and Andrew Christian, among others. He earned his bachelor’s degree in communications from the University of Delaware.

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District of Columbia

New LGBTQ bar Rush set to debut

14th & U picks up a queer lounge, dance spot with a tech focus

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Rush plans to open Saturday.

(UPDATE: Rush owners told the Blade they have postponed the opening of the new bar to Nov. 28.)

The LGBTQ nightlife hotbed at 14th and U is about to get another member. Rush, a bar years in the making, is set to open its doors next week.

Filling the hole left by Lost Society, Rush will be a tech-forward, two-story bar featuring fully integrated light and sound to deliver “an immersive experience,” according to owner Jackson Mosley.

Mosley began conceptualizing such a bar back in 2017. His career linking tech and hospitality stretches even further back, beginning his career at LivingSocial and Uber. And even before that, he moonlighted at Town during his college years, where he developed a passion for drag and LGBTQ nightlife.

Rush is this manifestation of both tech and nightlife coming to fruition, but it hasn’t been without setbacks. Mosley originally planned to open farther east, on 9th and U streets, but received pushback from the building in which it was supposed to be housed. “It was the universe telling me it wasn’t the right spot,” he says. Earlier this year, coming across the Lost Society vacancy, Mosley finally found his host. As the center of LGBTQ nightlife has shifted to 14th Street – as reinforced by this week’s Shakers shuttering – Mosley was eager to join the festive fray.

Rush is in the same building as Bunker, settling on the top two levels of the structure. Across a flexible, indoor-outdoor combination and 6.000 square feet, Rush entirely shakes up its two floors –  “a real reimagining so that it feels entirely new,” he says, with new equipment and a new vision and a capacity of at least 300.

The lower floor leans into a lounge vibe. Relaxed seating and a huge bar dominate the area. It will feature a sound booth, furniture with built-in lighting, and plenty of places to chat.

Upstairs is the club, dance-forward space. It has a “proper drag stage,” Mosley says, one of the largest among fellow LGBTQ bars, at 7.5 feet deep by 22 feet wide. Set up for live performances and painted in matte black, this rooftop level can open the doors to the deck allowing the entire level to participate in performances.

Rush will also boast a full kitchen, distinct from many other LGBTQ bars. Set to start serving in a couple of months, it will serve a large menu of bar food and more, as well as a lively brunch on the rooftop. 

“It’s long overdue to have a brunch with good food at a bar,” he says.

Mosley emphasizes sound and lighting as part of his tech focus. Dropping more than $150,000 on this multi-sensory experience, he realized his “life dream to build out a sound system I love,” he says. “Enough lighting to power Echostage,” he joked. Lasers, hazers, smoke machines, and CO2 cannons are just a few elements. “One piece lacking at a drag show has been integrated light and sound with the performers’ choreo,” he says, like when a queen performs a death drop, there should be a light and sound crescendo.

Rush also differentiates itself with its unique business model. All Rush employees are full-time exempt with benefits like healthcare and PTO. Mosley takes up the CEO position of his firm Momentux, which will operate Rush. Mosley envisions growth to open Rush locations in other cities along the same model. Patrons will swipe their credit cards at the door, reducing the number of swipes for bar staff (and reducing credit card fees), and wear wristbands to track purchases. The approach negates the need – and request – for tips. Service charges will only be levied when patrons don’t close their tabs. “I’m rethinking the role of staff, down to the barback,” he says.

As for what the staff will pour, Rush will slowly roll out an eclectic, cheeky signature cocktail list to be served beyond the usual vodka-sodas. Such drinks might include the “14th & Unhinged,” with tequila, mezcal, tamarind, and lime; the “Power Vers,” with gin, elderflower, lemon, and pink peppercorn foam; and the “Flight Attendant,” which comes with a spread based on the ever-popular in-flight cookie, Biscoff.

The bar’s opening is set for Friday, Nov. 28, with a promising lineup — popular DJ Sidekick, and a trio of local drag favorites: Cake Pop, Druex Sidora, and Mari Con Carne. A social media post promised “good energy, controlled chaos, and hot strangers.”

Rush, says Mosley, might be like “if Taylor Swift and Lady Gaga had a baby, plus drag queens,” he says.

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Most D.C.-area cities receive highest score in HRC Equality Index

‘Record breaking’ 132 jurisdictions nationwide receive top ranking

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Rehoboth Beach, Del., received a perfect 100 score on HRC’s annual Equality Index. (Washington Blade file photo by Daniel Truitt)

The Human Rights Campaign Foundation on Nov. 18 released its 14th annual Municipal Equality Index report showing that a record number of 132 cities across the country, including nine in Virginia and seven in Maryland, received the highest score of 100 for their level of support for LGBTQ equality through laws, policies, and services.

Among the D.C.-area cities and municipalities receiving a perfect score of 100 were Alexandria, Arlington County, Fairfax County in Virginia and College Park, Bowie, Gaithersburg and Rockville in Maryland.

The city of Rehoboth Beach is listed as the only city or municipality in Delaware to receive a score of 100. Rehoboth city officials released a statement hailing the high score as a major achievement over the previous year’s score of 61, saying the improvement came through a partnership with the local LGBTQ advocacy and services group CAMP Rehoboth.

The  HRC Foundation, which serves as the educational arm of the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, includes the District of Columbia in a separate State Equality Index rating system under the premise that D.C. should be treated as a state and receive full statehood status.

In its 2024 State Equality Index report, D.C. and 21 states, including Maryland, Virginia, and Delaware, were placed in the “highest rated category” called Working Toward Innovative Equality, which does not use a numerical score.

 “The 2025 MEI shows a record breaking 132 cities scoring the highest possible marks on the index, representing a combined population of approximately 49 million people,” the HRC Foundation said in a statement announcing the 2025 report.

“This high-water mark is critical as pressure continues from states that pass laws and policies that seek to shut transgender people – particularly trans youth – out of public life,” the statement continues. It adds that many cities that have put in place trans supportive laws and policies, including health insurance benefits, “are in many cases no longer able to provide that coverage in a meaningful way as a result of discriminatory decisions made by state legislatures.”

The statement goes on to say, “However, more cities than ever are doing what the MEI characterizes as ‘testing the limits of restrictive state laws’ – pushing back against various checks on municipal power or discriminatory state  laws – with nearly 70 cities doing so.” 

The HRC statement notes that this year’s Municipal Equality Index rated a total of 506 cities. It says that number includes the 50 state capitals, the 200 largest cities in the U.S., the five largest cities or municipalities in each state, the cities that are home to the state’s two largest universities, and the 75 cities or municipalities that have high proportions of same-sex couples.

The report shows this year’s index rated 11 cities or municipalities in Virginia with the following rating scores: Alexandria, 100; Arlington County,100; Fairfax County, 100, Richmond, 100; Charlottesville, 100; Chesapeake, 80; Hampton, 100; Newport News, 100; Norfolk, 91, Roanoke, 100, and Virginia Beach, 100.

In Maryland a total of 10 cities were rated: Annapolis, 100; Baltimore, 100; Bowie, 68; College Park, 100; Columbia, 100; Frederick, 100; Gaithersburg, 100; Hagerstown, 75; Rockville, 100 and Towson in Baltimore County, 85.

A total of eight cities were rated in Delaware: Rehoboth Beach, 100; Bethany Beach, 51; Milford, 83; Dover, 69; Wilmington, 76; Newark, 72; Smyrna, 59; and Middletown, 64.

The full 2025 HRC Foundation Equality Index Report can be accessed at hrc.org.

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