Local
Md. lawmaker says gay marriage ban ‘not discriminatory’
ANNAPOLIS, Md. — Maryland state Del. Emmett Burns Jr. (D-Baltimore County) railed against comparisons between LGBT and black civil rights last week during a hearing for his bill that would block recognition of same-sex marriage licenses issued out of state.
Burns claimed that he doesn’t support discrimination, but was tired of same-sex marriage supporters raising the Loving v. Virginia ruling that struck down interracial marriage bans. He said the current ban on same-sex marriage is not the same.
“It is not discriminatory,” he said during the House Judiciary Committee hearing Jan. 31 in Annapolis. “I cannot hide my color. I don’t want to. I’m proud to be who I am. But those who are of a different sexual orientation could.”
His exchange with fellow Democratic committee members grew testy as they quoted NAACP Chair Julian Bond and U.S. Rep. John Lewis (D-Ga.) as saying the LGBT and black civil rights struggles were shared. Burns dismissed the comments, saying he didn’t recognize their leadership.
Burns said the state faces a crisis with the neighboring District of Columbia poised to begin issuing same-sex marriage licenses, a development that could put Maryland’s same-sex marriage ban at risk.
Maryland Attorney General Douglas Gansler has given no timeframe for when he will release a long-expected opinion on the issue of recognizing same-sex marriage licenses issued in D.C. and elsewhere, but some sources speculated that he will wait until the legislative session ends in April to take that step. Burns said he feared Gansler’s opinion could legislate same-sex marriage “through the back door.”
“Our back door is wide open,” Burns said. “Our law does not speak to marriages performed in other jurisdictions.”
Committee member Michael Smigiel Sr. (R-Caroline, Cecil, Kent and Queen Anne’s counties) added that he believes Gansler has a political agenda and would act only after the current session had ended.
Gansler’s spokesperson denied the claim this week, saying the attorney general was still investigating the issue.
Mary Ellen Russell, executive director of the Maryland Catholic Conference, testified in support of Burns’ bill during the hearing, saying the recognition of out-of-state same-sex marriages would undermine the right of the General Assembly and the people of Maryland to decide the issue.
“The legalization of same-sex marriage in a small number of other states, and the prospect of its legalization in our neighboring jurisdiction, the District of Columbia, provides no legitimate legal cause for granting recognition in Maryland to those marriages,” Russell said. “House Bill 90 provides an added measure of assurance to the people of Maryland that the decisions of out-of-state courts or legislatures cannot, and should not, provide grounds for usurping the legitimate democratic process in our state for deciding this issue.”
She added that the Catholic Church supports the state’s current marriage definition in recognition that “only a man and a woman are capable of bringing children, our society’s next generation, into the world” and that voters have repeatedly agreed, even in liberal states.
Committee Chair Joseph Vallario Jr. (D-Calvert and Prince George’s counties) asked if gay Marylanders could meet, go to D.C., conduct a “drive through” wedding, return to Maryland and expect that marriage to be recognized “without even leaving their car.”
Lawyers for Lambda Legal and the American Civil Liberties Union testified that Maryland’s 1973 law defining marriage as one man and one woman would not be undermined if the attorney general upheld the full faith and credit clause of the U.S. Constitution, which mandates recognition of other states’ marriage licenses.
Del. Heather Mizeur (D-Montgomery County) testified against the bill, citing her own California-issued marriage certificate to her spouse Deborah.
“This bill is about me, and it’s about my family, and it’s about thousands of families across the state,” Mizeur said. “In Pasadena, Calif. — 3,000 miles from here — we’re treated as a married couple. In Pasadena, Md. — less than 30 minutes from here — we’re not. In Cambridge, Mass., our marriage would protect us were life to deal us a bad hand. In Cambridge, Md., we’re two unrelated women with some very expensive legal documents and a lot of uncertainty.”
Mizeur said Maryland’s current legal recognition of same-sex couples grants her 12 statutory rights of the 425 rights bestowed upon married couples.
Mizeur said she didn’t know how Gansler would decide the issue, but said that Maryland has a long tradition of upholding the full faith and credit clause and Maryland would eventually change its law, anyway.
“But either way, this bill is wrong,” she said. “It’s a step backwards for a state that presses forward.”
The hearing drew a standing-room-only crowd of mostly same-sex marriage supporters, including high school students, who frequently reacted to Burns’ colorful explanations of why LGBT bans were not discrimination.
Burns’ bill is not believed to have the necessary votes to make it out of the House Judiciary Committee. However, the as-yet-unscheduled vote will not be an indicator of support for legalizing same-sex marriage in Maryland.
Mizeur told DC Agenda that she doubts a marriage equality bill would be introduced in the state House this year. While confident there are enough votes in the House Judiciary Committee to pass such a bill, Mizeur said same-sex marriage supporters are still shy of their goal in the companion Senate committee.
“We have supporters [in the House] who we don’t want to put at risk when there isn’t the support in the Senate,” she told DC Agenda, alluding to possible electoral fallout.
Equality Maryland is holding its annual lobby day Feb. 8.
District of Columbia
Rush reopens after renewing suspended liquor license
Principal owner says he’s working to resolve payroll issue for unpaid staff
The D.C. LGBTQ bar and nightclub Rush reopened and was serving drinks to customers on Saturday night, Dec. 20, under a renewed liquor license three days after the city’s Alcoholic Beverage and Cannabis Board suspended the license on grounds that Rush failed to pay a required annual licensing fee.
In its Dec. 17 order suspending the Rush liquor license the ABC Board stated the “payment check was returned unpaid and alternative payment was not submitted.”
Jackson Mosley, Rush’s principal owner, says in a statement posted on the Rush website that the check did not “bounce,” as rumors circulating in the community have claimed. He said a decision was made to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to pay a lower price for a one-year payment.
“Various fees and fines were added to the amount, making it necessary to replace the stop-payment check in person – a deadline that was Wednesday despite my attempts to delay it due to these circumstances,” Mosley states in his message.
He told the Washington Blade in an interview inside Rush on Saturday night, Dec. 20, that the Alcoholic Beverage and Cannabis Administration (ABCA) quickly processed Rush’s liquor license renewal following his visit to submit a new check.
He also reiterated in the interview some of the details he explained in his Rush website statement regarding a payroll problem that resulted in his employees not being paid for their first month’s work at Rush, which was scheduled to take place Dec. 15 through a direct deposit into the employees’ bank accounts.
Several employees set up a GoFundMe appeal in which they stated they “showed up, worked hard, and were left unpaid after contributing their time, labor, and professional skills to Rush, D.C.’s newest LGBTQ bar.”
In his website statement Mosley says employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involves the IRS. He said the IRS was using his former company legal name Green Zebra LLC while D.C. officials are using his current company legal name Rainbow Zebra LLC.
“This discrepancy triggered a compliance hold within our payroll system,” he says in his statement. “The moment I became aware of the issue, I immediately engaged our payroll provider and began working to resolve it,” he wrote.
He added that while he is the founder and CEO of Rush’s parent and management company called Momentux, company investors play a role in making various decisions, and that the investors rather than he control a “syndicated treasury account” that funds and operates the payroll system.
He told the Blade that he and others involved with the company were working hard to resolve the payroll problem as soon as possible.
“Every employee – past or present – will receive the pay they are owed in accordance with D.C. and federal law,” he says in his statement. “That remains my priority.”
In a follow-up text message to the Blade on Sunday night, Dec. 21, Mosley said, “All performers, DJs, etc. have been fully paid.”
He said Rush had 21 employees but “2 were let go for gross misconduct, 2 were let go for misconduct, 1 for moral turpitude, 2 for performance concerns.” He added that all of the remaining 14 employees have returned to work at the time of the reopening on Dec. 20.
Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14th Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker.
With at least a half dozen or more LGBTQ bars located within walking distance of Rush in the U Street entertainment corridor, Mosley told the Blade he believes some of the competing LGBTQ bars, which he says believe Rush will take away their customers, may be responsible along with former employees of “rumors” disparaging him and Rush.
Rehoboth Beach
Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands
$4.5 million listing includes real estate; business sold separately
Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.
Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million.
The bar and restaurant business is being sold separately; the price has not been publicly disclosed.
But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment.
“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
He said there have been many inquiries and they’ve considered some offers but nothing is firm yet.
Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.
“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.
You can view the real estate listing here.
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].
Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.
Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind.
Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.
Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris.
Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.
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