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Md. may recognize out-of-state gay marriages

Attorney general issues opinion as D.C. couples prepare to wed

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Maryland Attorney General Doug Gansler (Photo courtesy of Maryland state government)

Maryland Attorney General Douglas Gansler issued a long-awaited opinion Wednesday saying same-sex marriages performed in other states or countries most likely would have full legal standing in the state.

But in his 53-page legal opinion, Gansler said the Maryland Court of Appeals would have the final say in the matter should opponents of same-sex marriage choose to contest the legal standing of married same-sex couples living in or visiting the state.

Ganslerā€™s opinion comes one week before a law allowing same-sex marriages to be performed in D.C. is expected to take effect March 3. Same-sex couples in Maryland have said they would likely make wedding plans in the District in response to a favorable opinion from Gansler.

The attorney generalā€™s opinion comes nine months after state Sen. Richard Madaleno (D-Montgomery County), who is gay, asked Gansler to issue an official opinion on the question of whether the state could legally recognize same-sex marriages from other jurisdictions.

ā€œYou have asked whether those marriages may be recognized under state law,ā€ Gansler said in his opinion, which is addressed to Madaleno. ā€œThe answer to that question is clearly ā€˜yes.ā€™ā€

Madaleno could not immediately be reached for comment, but he told the Washington Post in a brief interview that changes in state policy could now result from a court ruling, legislation or administrative action, though none of those is imminent.

Gansler says in the opinion that while he believes the legal concept of state ā€œpublic policyā€ favors recognition of out-of-state gay marriages, others might raise legal grounds to contest that view.

In particular, he points to the 2007 ruling by the Maryland Court of Appeals upholding the stateā€™s marriage law banning same-sex marriages from being performed in the state. In that 4-3 ruling denounced by LGBT activists, the court ruled that restricting marriage to a man and a woman doesnā€™t discriminate against same-sex couples or deny them rights under the state constitution. The court held that the ban on same-sex marriage instead promotes the stateā€™s ā€œinterestā€ in traditional heterosexual marriage as a means of fostering procreation and protecting children.

But Gansler says in his opinion that the appeals court decision should not be a key factor in determining whether Maryland could recognize same-sex marriages from other jurisdictions.

ā€œThe Court of Appeals would start from the general principle that a marriage that is valid in the place of celebration remains valid in Maryland,ā€ he said in his opinion. ā€œThere are exceptions to that rule if the particular marriage is contrary to a strong state public policy. A statute that limits marriage in Maryland to opposite-sex couples could be said to embody a policy against same-sex marriage.ā€

However, Gansler noted that the Court of Appeals has not prevented the state from recognizing various types of marriages performed in other states that are not allowed to be performed in Maryland under the stateā€™s marriage law. Among them are common law marriages, which are recognized in many other states. The Court of Appeals also upheld a Rhode Island marriage between an uncle and a niece, even though the Maryland marriage law prohibits such a marriage, Gansler says in his opinion.

ā€œWhile the matter is not free from all doubt, in our view, the court is likely to respect the law of other states and recognize a same-sex marriage contracted validly in another jurisdiction,ā€ he says. ā€œIn light of Marylandā€™s developing public policy concerning intimate same-sex relationships, the court would not readily invoke the public policy exception to the usual rule of recognition.ā€

In response to a second question raised by Madaleno, Gansler says in his opinion that Maryland Gov. Martin Oā€™Malley does not have authority to issue an executive order recognizing same-sex marriages from other jurisdictions.

In his May 19, 2009, letter to Gansler requesting the same-sex marriage recognition opinion, Madaleno pointed out that New York Gov. David Paterson issued such an order, clearing the way for New York to recognize out-of-state same-sex marriages, even though the legislature had not approved a same-sex marriage bill.

ā€œAn executive order of the governor must be consistent with existing Maryland law, as enacted by the General Assembly and construed by the courts,ā€ Gansler says.

LGBT rights groups hailed Ganslerā€™s opinion as an important breakthrough for the marriage equality movement.

ā€œToday is a day to celebrate,ā€ said Morgan Meneses-Sheets, executive director of Equality Maryland, a state LGBT advocacy group.

ā€œEquality Maryland applauds a favorable opinion released by the Office of Attorney General Doug Gansler that states that the marriages of same-gender couples legalized in other jurisdictions have standing to be honored here at home.ā€

But Rick Bowers, director of Christian Impact Alliance, a Maryland group opposed to same-sex marriage, said Gansler acted without legal authority to issue such a ruling.

ā€œThe governing body over a decision like this should be the General Assembly or the people of the state of Maryland through a vote by referendum,ā€ Bowers said.

Gay rights groups, however, disputed Bowers assessment, saying Gansler has authority to issue such an opinion.

Lambda Legal, a national LGBT group, praised Ganslerā€™s opinion for ā€œsaying that recognition of out-of-state marriages of same-sex couples is consistent with Maryland law.ā€

Susan Sommer, director of the groupā€™s Constitutional Litigation program, said the Gansler opinion ā€œshould bring some peace of mind to married same-sex couples and their families in Maryland as this state aligns itself with New York, making clear that there is no gay exception to long-standing marriage recognition law.ā€

Evan Wolfson, executive director of the national same-sex marriage advocacy group Freedom to Marry, said he was confident that the Maryland Court of Appeals would uphold Ganslerā€™s assessment that valid same-sex marriages from other jurisdictions have full legal standing in Maryland.

ā€œMarylandā€™s typical practice, like all states historically, is to honor marriages rather than destabilize them,ā€ Wolfson said. ā€œThe Maryland Attorney General is concluding, looking at Maryland law, that there is no reason for a gay exception to that tradition and common sense practice.ā€

While praising Ganslerā€™s opinion as an important development for same-sex marriage equality, some LGBT organizations said it focuses attention on the need for all states to adopt same-sex marriage laws.

ā€œTodayā€™s opinion by the Maryland Attorney General only continues to further highlight the burdensome patchwork of unequal laws same-sex couples face across the country,ā€ said Joe Solmonese, president of the Human Rights Campaign. ā€œWith every step that is taken in the progress toward full equality, it becomes more and more obvious that separate is not equal and marriage by any other name is not marriage.ā€

The action by Gansler on Wednesday also comes less than a month after the Maryland House Judiciary Committee voted 12-8 to defeat a bill that would have banned same-sex marriage in the state. The measure was introduced by Del. Emmett Burns (D-Baltimore County), who said he anticipated Ganslerā€™s opinion would back same-sex marriage recognition.

Maryland Del. Don Dwyer (R-Anne Arundel County), meanwhile, is ā€œdefinitelyā€ moving ahead with plans to file impeachment papers against Gansler for his same-sex marriage recognition opinion, according to spokesperson Louisa Baucom.

ā€œHis position about the opinion is that Attorney General Gansler had no right to issue the opinion, regardless of what the opinion is ā€” that his constitutional limitations prohibit that,ā€ Baucom said.

ā€œHe will be drawing up letters of impeachment against Attorney General Gansler,ā€ she said, adding that the charges would be based on ā€œviolation of his oath of office.ā€

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District of Columbia

D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ā€˜vital workā€™

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

ā€œWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā€ the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for ā€œBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā€

It also praises Team Rayceen Productions for its partnership with the Mayorā€™s Office of LGBTQ Affairs in helping to produce ā€œexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā€

ā€œWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā€ the proclamation continues.

ā€œNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā€ it concludes.

ā€œWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā€ Team Rayceen Productions says in a statement. ā€œStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorā€™s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationā€™s Capital,ā€ the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā€“ as online co-hosts, event staff, performers, DJs, photographers, and more,ā€ says the statement.

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D.C. jury finds AARP Services illegally fired gay man

Former employee awarded $2.1 million in damages

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Richard A. Deus, Jr.

A D.C. Superior Court jury on March 15 handed down a verdict finding that the D.C.-based AARP Services, Inc., an arm of the AARP that interacts with businesses supportive of the nationā€™s seniors, illegally fired a gay manager because of his sexual orientation.

The juryā€™s verdict, which it said was based on a ā€œpreponderance of evidence,ā€ came six years after Richard A. ā€˜Rickā€™ Deus Jr., who worked for AARP and AARP Services for 11 years, filed a lawsuit against his former employer in May 2018. The lawsuit charges that AARP Services violated the D.C. Human Rights Act by firing him after falsely accusing him of accepting gifts for travel from businesses affiliated with AARP that violated AARP employee ethics policies.

His lawsuit says he was fired in February 2018. At that time, he held the title of director of program management at AARP Services.

The lawsuit says AARP Services cited the alleged travel violations as the reason for its decision to fire him. The lawsuit named AARP Services and its then chief executive officer, Lawrence Flanagan, as the two defendants responsible for Deusā€™s firing.

But the juryā€™s verdict only named AARP Services as being at fault in the firing. It did not find Flanagan at fault and did not hold him responsible for damages, even though Flanagan testified at the trial that he made the final decision to terminate Deus on grounds that Deus violated the travel policy.

The jury also chose not to hold AARP Services responsible for paying punitive damages to Deus, whose lawsuit called for $5 million in compensatory damages and an additional $5 million in punitive damages.

In its verdict, according to online court records, the jury awarded Deus $1,612,916.18 in compensatory damages and $578,351 in damages for emotional distress that AARP Services is required to pay Deus. The court records show the jury awarded Deus another $1,118.89 to be paid by AARP Services for its alleged breach of contract with him in its decision to fire him.

An attorney representing AARP Services immediately following the verdict filed a motion requesting that Superior Court Judge Shana Frost Matini, who presided over the trial, issue a ā€œdirected verdictā€ overturning the juryā€™s verdict. 

Such a motion is often filed by individuals or organizations on the losing side of a lawsuit, but such requests are rarely approved. Matini said she would schedule a hearing to consider the motion in May.

ā€œIā€™m thrilled that the jury found that I was treated differently from my co-workers and discriminatorily fired,ā€ Deus told the Washington Blade after the jury handed down its verdict. ā€œThatā€™s clearly what they found, and they awarded emotional pain and suffering,ā€ he said. ā€œBut overall, Iā€™m elated. Itā€™s been six years of my life that Iā€™ve been fighting and telling people that I was treated differently than anybody else and today I got my vindication.ā€

Laura Segal, AARPā€™s Senior Vice President for External Affairs, told the Blade in a statement, ā€œAARP is pleased with the juryā€™s verdict that Lawrence Flanagan lawfully terminated Richard Deusā€™s employment.ā€ She added, ā€œAARP Services, Inc. (ASI) disagrees with the remainder of the verdict and is exploring all options for further legal review. We remain committed to an inclusive culture and warmth and belonging, where everyone is welcome.ā€

Attorneys representing AARP Services argued at the trial and presented witnesses denying Dues was fired because of his sexual orientation. They asserted that AARP Services had and still has gay and lesbian employees and managers and that the company has a longstanding policy of prohibiting  discrimination on grounds of sexual orientation or marital status.

Deusā€™s lawsuit accused AARP Services of targeting Deus for discrimination based on his marriage to another man as well as for his sexual orientation. The jury did not find that AARP Services engaged in discrimination against Deus based on his marital status.

Flanagan was among the lead defense witnesses who testified at the nine-day-long trial. He testified that he has worked for many years with gay colleagues, has a gay relative who he admires, and would never have allowed his staff to engage in discrimination while he served as AARP Services CEO.

He noted in his testimony that his decision to fire Deus was based, in part, on the recommendation of AARP Servicesā€™ human resources or personnel director, Michael Loizzi, who is an openly gay man. Loizzi, who also testified at the trial, said that as a gay man he would never have called for Deus or anyone else to be fired because of their sexual orientation. He stated in his testimony that he recommended to Flanagan that Deus be fired because Deus violated AARP Services travel policy and lied to his supervisor about the details of the travel to get his supervisorā€™s approval under false pretenses.

Deus, during his own testimony, strongly disputed claims that he obtained permission for his travel by providing false information to his supervisor. His lawsuit states that both his supervisor and AARP Servicesā€™ legal counsel cleared him for the two trips that he has been accused of taking in violation of policy.

His lawsuit identifies heterosexual AARP and AARP Services employees who have taken business trips like the two taken by Deus that allegedly violated travel policy who were not fired or disciplined. A few faced disciplinary actions but were allowed to retain their jobs, the lawsuit says.

ā€œThis case is about the unequal treatment of a gay man when juxtaposed to the treatment of our heterosexual comparators,ā€ Darrell Chambers, Deusā€™s lead attorney, told the Washington Blade after the verdict. ā€œThis is not a case about an organization or a group of people who hate gay people and decided that they were going to fire this man because they hate him,ā€ Chambers said.

ā€œInstead, itā€™s a case where the punishment that they consistently applied to gay employees, re Mr. Deus and Mr. Sanders, was harsher, far harsher than the punishment they applied to heterosexual employees who committed the same or similar acts.ā€

Chambers was referring to former AARP Services employee Jack Sanders, who is gay and who testified on video played at the trial that he was summarily fired on grounds that he allegedly sent pornographic photos or video images to another AARP Services employee, who complained about receiving the pornographic images.

Sanders has said the pornographic images in question were sent to the employee by his ex-boyfriend who wanted to portray Sanders in a negative light. Through telephone and wire transmission records Sanders was able to show that the images in question were sent from a device in Washington, D.C. at a time that Sanders was in Chicago, proving that Sanders could not have been the person who sent the images.

Deusā€™s attorneys brought out at the trial that AARP Services failed to give Sanders a chance to defend himself, prompting him to file his own lawsuit against AARP Services for which a settlement was reached. The terms of the settlement have not been publicly disclosed. But Deusā€™s attorneys cited Sandersā€™s case as yet another example of how AARP Services has treated gay employees differently from heterosexual employees.

AARP Services attorney Alison Davis argued during the trial that discrimination based on Deusā€™s sexual orientation had nothing at all to do with the decision to fire him. Davis told the jury that the two trips that Deus took that led to his firing, one to New York City and the other to New Orleans to attend the Sugar Bowl football game, were financed in part by companies that do business with AARP in violation of AARP and AARP Services policies for travel. Among other things, she said the Sugar Bowl is considered a championship game that has a value higher than smaller gifts that AARP employees are allowed to accept.

Deus testified that his reason for accepting an invitation to the Sugar Bowl game was to spend time with the new account director at the Allstate insurance company, which paid for the Sugar Bowl game ticket. ā€œIn 2019, we were going to be negotiating a new contract with Allstate and we wanted to establish a good relationship with her before the contract negotiations began,ā€ he told the Blade. ā€œThatā€™s how you do business.ā€

Deus said he was referring to Allstateā€™s business relationship with AARP Services, which he said, similar to its interaction with other businesses, helps AARP provide support and services to the nationā€™s senior citizens.

In her cross examination of Deus on the witness stand, Davis also raised AARP Servicesā€™ claim in contesting the lawsuit that the emotional distress and depression that Deus says he suffered because of his firing could have been caused by issues unrelated to the firing. Davis asked Deus if his emotional distress was caused by stress that Deus has said he experienced years earlier when he came out as gay to his parents, who are ordained ministers, and in his interaction with his sister, who had been diagnosed as being bipolar. 

Deus said that while his coming out to his conservative parents nearly 30 years ago and his sisterā€™s mental health issues were a concern years earlier, he and his parents had long since reconciled over his sexual orientation and his sisterā€™s mental health issues played no role whatsoever in the emotional distress he experienced after being fired by AARP Services.

In her cross examination of Deus on the witness stand, Davis also asked him if his decision to be interviewed by the Washington Blade last year for a Blade story about his lawsuit could have contributed to the difficulty, he said he encountered in finding employment after he was fired by AARP Services. Deus, who testified that he was hired by at least one other company that later laid him off, said he did not believe a Blade story about his lawsuit would have an adverse impact on him.  

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Baltimore

Power Plant Live! opens Club 4, its first LGBTQ bar

Ryan Butler, known by his drag persona Brooklyn Heights, helped launch venue

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Ryan Butler, also known as drag performer Brooklyn Heights, stands in the space at Power Plant Live! that will house Club 4. (Photo by Kaitlin Newman for the Baltimore Banner)

BY JOHN-JOHN WILLIAMS IV | Ryan Butler wanted a place where all members of the LGBTQ community could enjoy drag, drinks and fellowship in a safe space. He found it by the Inner Harbor.

Butler jumped at the opportunity to help open Club 4, the first LGBTQ-themed bar to occupy the popular Power Plant Live! venue.

The rest of this article can be read on the Baltimore Banner’s website.

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