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Judge rejects request for stay on D.C. marriage law

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A D.C. Superior Court judge Friday denied a Maryland minister’s request for a temporary injunction to prevent the city’s same-sex marriage law from taking effect March 3.

Following a hearing, Judge Brian Holeman issued a preliminary ruling from the bench saying he did not have authority to block a law approved by the city government and cleared by Congress through the normal congressional review process.

Holeman also said he didn’t believe a lawsuit filed by Bishop Harry Jackson seeking to force the city to hold a voter referendum to overturn the marriage law was likely to succeed on the merits. Holeman noted that a key requirement for a court injunction is that the people seeking it can demonstrate a likelihood of winning an underlying case.

“Everyone knows the chances of their winning on the merits are very slim,” said gay rights attorney Mark Levine, who attended the court hearing.

Jackson filed the lawsuit earlier this year after the city’s election board rejected his proposed referendum on grounds that it would violate the D.C. Human Rights Act, which bans discrimination based on sexual orientation.

In Friday’s hearing, Holeman told attorneys for Jackson and for the city, who argued against the injunction, that he would issue a final, written decision on the injunction request Monday.

“I understood this to mean that his written opinion would be the same as his ruling today — to deny the injunction,” Levine said.

He said Jackson’s lawyers indicated they would quickly take their request for an injunction to the D.C. Court of Appeals, possibly as soon as Friday afternoon or Monday. He noted that most court observers believe the appeals court will uphold Holeman’s ruling against an injunction to block the marriage law.

Holeman denied yet another request by Austin Nimocks, one of Jackson’s attorneys, asking him to rule Friday on both the injunction request and on the merits of the case. Instead, Holeman scheduled a separate hearing on the merits of Jackson’s case seeking a voter referendum for Friday, Feb. 27.

“It’s a hearing I think is very likely to be cancelled,” said Levine.

He was referring to the rapidly approaching deadline that Jackson and his supporters face to pull together the numerous requirements of a voter referendum, including petition signatures from voters across the city.

Under the city’s election law, these requirements must be met between the time the D.C. government passes a law that opponents seek to kill through a referendum and the time Congress completes its 30 legislative day review of such a law. Congress is expected to complete its review on the same-sex marriage measure March 3.

Legal observers have said Jackson has a better — although unlikely — chance of killing the marriage law through a separate process he began earlier this year for a voter initiative. Unlike a referendum, the city’s election law gives up to six months for completing the necessary petition and administrative requirements of placing an initiative on the ballot. However, there is no time limit for Jackson to continue his court appeal seeking to overturn the city and the lower court rulings disqualifying the marriage initiative on grounds that it violates the city’s human rights law.

Similar to their decision on Jackson’s referendum proposal, the D.C. Board of Elections & Ethics and a Superior Court judge have ruled that an initiative seeking to ban same-sex marriage cannot be held because it would violate the city’s Human Rights Act.

Jackson has appealed the board and a Superior Court judge’s rulings disqualifying his initiative proposal to the D.C. Court of Appeals. That court is expected to issue a ruling on the case later this year — after the same-sex marriage law has gone into effect and after gay and lesbian couples beginning marrying.

Nimocks and other attorneys working on Jackson case could not immediately be reached.

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Comings & Goings

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Joseph Poduslo

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]

Some people are especially inspiring to write about, and one such person is Joseph Poduslo. He is justly proud of his “Luminary of the Year” nomination, which is granted to survivors, caregivers, and researchers, by the Brain Industry Association of America (BIAA). I urge you to take a look at its website, and maybe help Poduslo raise some funds for this incredible organization. 

“I have always wanted to share my journey to help and inspire others,” he said. “The brain is the most amazing creation and retraining the brain takes time and effort. But I’m doing it.” You can read his story in his own words. You will find it as inspiring as I did.  

After spending time with his family in Texas, he is now back in D.C. He is Senior Vice President, and founding agent, the Poduslo Group. His bio notes, “His work for his real estate clients has garnered him industry-wide recognition. Joseph has been featured in the Washington Post, NBC, CNN, and in 2018, Washington Life Magazine’s ‘Most Influential Business Person Under Forty.’ … When Joseph is not redefining the real estate industry, he has invested in numerous small businesses and restaurants in downtown D.C. over the last 17 years. He founded the D.C. Progressive Dinner, an organization that helps SMYAL, a local non-profit. Joseph formerly served on the Capital Alliance Board in the DC area.”

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Delaware

GOP candidate in Del. House race expresses LGBTQ support

Simpler says trans residents deserve protection from discrimination

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(Image by larich/Bigstock)

Early voting is underway in Delaware and one race that has captivated the LGBTQ community is the 14th District House seat being vacated by longtime ally Pete Schwartzkopf. Claire Snyder-Hall, a lesbian, won the Democratic primary and faces Republican Mike Simpler. But Simpler says the LGBTQ community shouldn’t discount him simply because he’s a Republican.

“I was kind of upset that they would even think of me being a Republican, that I would discriminate against the LGBTQ community in general,” Simpler told the Blade. “It’s kind of upsetting knowing that I’m born and raised here, and I’ve had family members that way. I mean the treasurer of my campaign is a lesbian. It’s just upsetting that people feel that way about the gay community in general.” 

Simpler, a lifelong resident of Sussex County and the current president of the Rehoboth Beach Volunteer Fire Company said that his experience in the role has allowed him to work alongside many different types of people, including members of the LGBTQ community. 

“We probably have the most diverse fire company in the state of Delaware, when it comes to the LGBTQ group,” he said. “People need to realize that the LGBTQ [community] is no different than the rest of the people in the world.”

Simpler also shared with the Blade that he has had firsthand experience with a unique aspect of LGBTQ culture — drag. He dressed up in drag at a fundraiser held at The Pines, a popular gay venue in Rehoboth Beach.

“I was asked to volunteer for a fundraiser, and next thing you know, I find out I’m going to be in drag at The Pines,” Simpler said. “We had a ball! I mean, I had so much fun.”   

Not only did Simpler definitively say he supports the LGBTQ community in Delaware, but he added he supports legislative protections for these communities. He pointed out that providing a safe space for marginalized communities is ingrained in American history.  

“Protect them,” he said when asked about the potential of supporting pro-transgender legislation amid a wave of anti-LGBTQ state legislation being passed nationwide. “You’ve got to. They’re trying to escape. For example, they’re trying to escape the process like the Jews did, like the Chinese when they came here. They’re trying to move away from an issue where they’re being prosecuted against to somewhere where they can be free and enjoy their life that they want to live.” 

In addition to promising LGBTQ support, Simpler says he backs smarter growth in the region by prioritizing better development and efforts to alleviate traffic. He also pledges to attract high-quality jobs to the region.

Simpler faces Synder-Hall in the Nov. 5 general election. Read the Blade’s profile of her, here: https://www.washingtonblade.com/2024/09/24/claire-snyder-hall-interview/

Early voting is already underway. 

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Virginia

New Virginia license plate celebrates LGBTQ diversity

450 applications needed for it to become official option

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(Image courtesy of Diversity Richmond)

Diversity Richmond has designed a license plate that allows Virginia drivers to celebrate and raise the visibility of LGBTQ diversity. The Virginia-based LGBTQ nonprofit needs 450 applications by January for the plate to become an official state option. 

The license plate design features a group of hands stacked on top of each other in the far left corner, and the Progress Pride flag runs horizontally across the bottom of the plate. The words “Celebrate Diversity” are prominently displayed over the flag. 

Rev. Dr. Lacette Cross, executive director of Diversity Richmond, said the design celebrates the diversity of the LGBTQ community.

“[The design] reflects the diversity of the intersecting identities of our community,” she said.  

Applications are available on Diversity Richmond’s website, and the license plate costs $25. Once completed, applicants should email the form to Diversity Richmond, not to the Virginia DMV, as Diversity Richmond will submit both the applications and fees to the DMV on their behalf.

If the organization gathers 450 applications and payments by the start of the 2025 Virginia General Assembly session in January, Del. Betsy B. Carr (D-Richmond) will sponsor the plate through the approval process to make it an official option. 

The initiative also serves as a fundraiser for Diversity Richmond, which will receive a portion of the proceeds from the license plate registration fees. 

“The ultimate benefit,” Cross said, “is the continual visibility of LGBTQ persons, our allies, and our supporters that are driving around the Commonwealth of Virginia, spreading the message of acceptance and of allyship.”

She described Diversity Richmond as the hub of the LGBTQ community in Greater Richmond, noting the organization’s “really dynamic” work within the community. The nonprofit runs the popular thrift store Diversity Thrift, hosts the annual Virginia Pridefest in September, and exhibits the work of LGBTQ artists in its art gallery.

Diversity Richmond is planning to celebrate its 25th anniversary with a public party at the Virginia Museum of History & Culture on Wednesday, Nov. 13. 

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