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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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Rehoboth Beach

Rehoboth Pride festival to take place July 19

LGBTQ-friendly resort town welcomes third year of celebrations

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Rehoboth Beach celebrates Pride next weekend. (Washington Blade photo by Daniel Truitt)

Rehoboth Beach Pride is back for a day of summer celebration next Saturday. 

The Delaware beach town will host its Pride festival at the Rehoboth Beach Convention Center on July 19 from 9 a.m.-2 p.m., followed by an after-party at Freddie’s Beach Bar and a ticketed event in the evening with a film screening, comedian, and musician. 

“It will be a day of community engagement, fun, celebration and learning, all sorts of things rolled into one,” David Mariner, executive director of Sussex Pride, told the Washington Blade. “I think it’s a great opportunity for us to be together, to support each other.”

Pride is organized by Sussex Pride and Gay Women of Rehoboth. The festival will include a free, family-friendly event with vendors offering information and resources, health screenings, and other activities. 

Drag queen Roxy Overbrooke will host the festival, with performances throughout the day by Ivy Blu Austin, Goldstar, the cast of Clear Space Theatre, JC Pizzaz, and Kadet Kelly. 

Mariner said Rehoboth Pride has not seen a decrease in corporate support this year, as some Pride celebrations have. Last year, the vendor spots were capped at 50 but increased to 60 this year. 

“The main thing that’s different this year is what’s happening in the world and what’s happening in the country so it changes the tone,” Mariner said. “I go into this with strength and determination and an awareness and appreciation for the rights that we have here in Delaware. I go into this … knowing there are people in our community feeling under attack. There are a lot of things happening at the national level that impact us from healthcare to education that affect our lives in various ways.”

Funds raised from a raffle will be used to support unhoused LGBTQ youth in Delaware. Last year, the raffle raised $1,000, which was donated to the Safeguards Housing Committee, a program of PFLAG Wilmington. 

In response to LGBTQ youth “increasingly targeted by harmful rhetoric and policies,” the festival will hold various workshops with topics such as supporting the LGBTQ Latinx community, suicide prevention, and an ACLU activist training.  

Mariner referenced a Dan Savage quote from the AIDS epidemic that he loves. He said it reflects Pride festivals and the celebration of pride in the LGBTQ community. 

“During the darkest days of the AIDS crisis, we buried our friends in the morning, we protested in the afternoon, and we danced all night. The dance kept us in the fight because it was the dance we were fighting for,” the quote reads. 

Mariner said having an event like this that combines education, advocacy, and celebration is reflective of “who we are as queer people.” He said it’s important to learn and recommit to the work that needs to be done and that he is looking forward to every piece of the day. 

“I would just like to see everyone leave the convention center feeling loved and connected and supported and with a renewed sense of strength and determination to face whatever challenges may come,” Mariner said. 

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District of Columbia

Gay ANC member announces candidacy for Ward 1 D.C. Council seat

Community leader Brian Footer seeking seat held by Brianne Nadeau

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Brian Footer (Photo courtesy of Brian Footer for D.C.)

Gay Advisory Neighborhood Commissioner Brian Footer, a community activist who has been involved for many years in local and national government affairs, has announced his candidacy for the Ward 1 D.C. Council seat up for election in 2026.

Footer, a Democrat, will be running in the city’s June 2, 2026, Democratic primary for the Ward 1 Council seat, but it is uncertain whether he will be running against incumbent Ward 1 Council member Brianne Nadeau (D). Nadeau has not yet announced if she plans to run for re-election for a fourth term following her 12 years on the Council.

 Nadeau has been a longtime vocal supporter of the LGBTQ community.  

If Footer were to win the primary and the November 2026 general election, he would become the Council’s second openly gay member. Ward 5 Council member Zachary Parker (D) is currently the 13-member Council’s only gay member.

Footer is a three-term ANC commissioner who currently serves as Chair of ANC 1E, which represents the city’s Adams Morgan neighborhood.

“Brian has worked at every level of government — federal, state, and local — building a career rooted in public service, aging policy, and inclusive urban planning,”  a statement on his campaign website says.

“I’m running for Council because too many people in Ward 1 are doing everything right and still feel ignored by the city they call home,” Footer states on his website.

“I’m running because we can do better,” his statement continues. “That means making housing more affordable, addressing homelessness with real solutions, and keeping our neighborhoods safe with smart, community focused strategies.”

When contacted by the Washington Blade for comment, Nadeau said she was not ready at this time to discuss her plans about running again or about Footer’s candidacy.

“The primary is a ways away, and I’m very focused right now on the budget and the stadium deal and all the work that we’re doing at the Council,” she told the Blade. “So, I really haven’t had time to turn to my plans. So, as a result, I’m also not going to be commenting on anybody else who is determined that they’re running at this time.” 

She first won election to the Council in 2014 after she defeated four-term gay Ward 1 Council member Jim Graham in the Democratic primary after Graham became embroiled in an ethics controversy.

In the 2022 Democratic primary Nadeau defeated gay challenger Salah Czapary in a three-candidate race, by a margin of 48.5% of the vote compared to Czapary’s 30.9%.

With the third candidate, Sabel Harris, receiving 20.4%, the outcome showed that the two challengers had a combined total vote count higher than Nadeau.

Further details of Footer’s candidacy can be accessed from his campaign website, brianfooterdc.com.

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District of Columbia

Gay GOP group hosts Ernst, 3 House members — all of whom oppose Equality Act

Log Cabin, congressional guest speakers mum on June 25 event

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Sen. Joni Ernst spoke to D.C.’s Log Cabin group. (Washington Blade file photo by Michael Key)

U.S. Sen. Joni Ernst (R-Iowa) and three women Republican members of the U.S. House appeared as guest speakers at the June 25 meeting of Log Cabin Republicans of D.C., the local chapter of the national LGBTQ Republican group with that same name.

The U.S. House members who joined Ernst as guest speakers at the Log Cabin meeting were Celeste Maloy (R-Utah), Kat Cammack (R-Fla.), and Julia Letlow (R-La.).

Neither D.C. Log Cabin Republicans President Andrew Minik nor spokespersons for Ernst or the three congresswomen immediately responded to a request by the Washington Blade for comment on the GOP lawmakers’ appearance at an LGBTQ GOP group’s meeting.

“Please join us for an inspiring evening as we celebrate and recognize the bold leadership and accomplishments of Republican women in Congress,” a D.C Log Cabin announcement sent to its members states.

“This month’s meeting will highlight the efforts of the Republican Women’s Caucus and explore key issues such as the Protection of Women and Girls In Sports Act and the broader fight to preserve women’s spaces in society,” the message says.

It was referring to legislation pending in Congress calling for banning transgender women from participating in women’s sports events. 

According to media reports, Ernst and the three congresswomen have expressed opposition to the Equality Act, the longstanding bill pending in Congress calling for prohibiting discrimination based on sexual orientation and gender identity in the areas of employment, housing, and public accommodations. 

The Log Cabin announcement says the meeting was scheduled to take place at the Royal Sands Social Club, which is a restaurant and bar at 26 N St., S.E. in the city’s Navy Yard area.    

D.C. Log Cabin member Stuart West, who attended the meeting, confirmed that Ernst and the three congresswomen showed up and spoke at the event.

“It was a good turnout,” he said. “I would definitely say probably 30 or 40 people attended.” West added, “Four women came to talk to a group of mostly gay men. That’s something you don’t see very often.” 

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