Local
D.C. has marriage, so now what?
Despite successes, activists say ‘we have not overcome yet’

Aisha Mills, president of the Campaign for All D.C. Families, said LGBT activists cannot ‘rest on our laurels’ despite recent successes. (Washington Blade photo by Michael Key)
When the weddings for same-sex couples began in the District of Columbia on March 9, many in the community hailed the occasion as the capstone of the city’s decades-old LGBT rights movement.
The District government’s enactment of a same-sex marriage law in December and Congress’s decision not to stop it follows a long list of existing city laws and policies that protect LGBT people from discrimination, some of which were approved more than 30 years ago.
With this as a backdrop, some in the community wondered whether the same-sex marriage law marked the completion of the LGBT rights movement within the city, enabling activists to move on to other causes and endeavors.
But an informal Washington Blade survey of local LGBT activists conducted over the past two weeks shows that virtually all those contacted believe a wide range of LGBT-related problems and concerns remain on the agenda of local advocacy groups.
“There’s still so much work to be done,” said veteran D.C. gay and Ward 8 community activist Phil Pannell. “We have not overcome yet.”
Pannell and others involved with local LGBT organizations pointed to alarmingly high rates of HIV infection among D.C. men who have sex with men, the city’s unwelcome status of having the nation’s highest rate of reported anti-LGBT hate crimes, and its distinction of being one of the few major U.S. cities that fails to provide ongoing city funds for its LGBT community center.
The same contingent of activists expressed caution that the fight for same-sex marriage in the city is not yet over. They noted that a lawsuit seeking to force the city to hold a voter initiative calling for repealing the law is scheduled to come up for a hearing May 4 before the D.C. Court of Appeals.
City attorneys, who have already won several earlier court challenges to the marriage law, say they are optimistic the city will ultimately win its case in defending a provision of its initiative and referendum law that bans ballot measures seeking to take away rights from minority groups.
That law, which gay activists persuaded the City Council to pass in the late 1970s, has so far spared the city a divisive ballot fight over gay marriage that has rocked other states, including California and Maine.
“We still have to stay vigilant and make sure we are actively monitoring what will come down through the courts,” said Aisha Mills, president of the Campaign for All D.C. Families, one of the lead groups that lobbied for the city’s same-sex marriage law.
“And we also know that Congress still has an opportunity to get involved and intervene in D.C. in a number of ways,” she said, pointing to Congress’s authority to overturn a D.C. law at any time, including through its process of approving the city’s annual appropriations bill.
“We are not going to be able to rest on our laurels and be safe and secure in having marriage at least, I would say, for another year or two or even longer,” she said.
Veteran D.C. gay activist Bob Summersgill, who is credited with mapping the strategy for passing a same-sex marriage law, said he, too, is hopeful that a ballot measure seeking to repeal the law will be defeated in court. However, he noted that Congress could always exert its authority to force the city to put the issue before the voters.
“The Democrats will not hold both houses [of Congress] forever, and it is unlikely that any Republicans will back marriage equality in D.C. if they gain a majority,” Summersgill said. “The longer that they are put off, the safer we are, but we must be prepared to fight a ballot initiative.”
On other matters, Summersgill and Rick Rosendall, vice president of the Gay & Lesbian Activists Alliance, point to GLAA’s 21-page 2008 LGBT Agenda, or policy paper for D.C., which describes a wide range of issues that the group believes are related to gay, lesbian, bisexual and transgender city residents.
Rosendall said the group is updating the Agenda document in time to present it to candidates running in this year’s mayoral and City Council races.
“Marriage equality is only part of one of six sections in our policy paper,” Rosendall said.
In addition to addressing LGBT families, Rosendall said the document lists LGBT-related concerns over public safety, including the Police and Fire and Emergency Medical Services Departments and the Department of Corrections; public health, including AIDS; human and civil rights; education and youth; and consumer and business issues.
“Even if we achieve equality on paper — and we have a long way to go in some of these areas — continued vigilance is required to ensure that good policies are put into practice,” he said.
Among the specific issues addressed in the document are bullying of LGBT youth in the city’s public schools “while adult authority figures often look the other way,” lack of social services for transgender residents, and a local health care system that doesn’t sufficiently serve lesbians.
The GLAA Agenda document is available online at the organization’s web site, glaa.org.
Lesbian Democratic activist Barbara Helmick cited a litany of issues similar to those raised in the GLLA Agenda document, but said that local activists should go a step further by joining others in the community to push for changes in federal law.
Of particular concern to same-sex married couples, she said, is the existing federal law barring them from obtaining Social Security spousal benefits given to straight married couples.
“I think with our unique seat right here with the federal government down the street, the local community becoming active in that campaign would have enormous benefits for many of our married couples here in the city as well as married couples throughout the country,” she said.
David Mariner, executive director of the D.C. LGBT Community Center, said many of the LGBT-related social services programs that groups like GLAA seek to improve are performed in other cities by LGBT community centers.
Pointing to a call by activists in Philadelphia for “brick and mortar” projects and programs for LGBT youth, seniors and other vulnerable populations, Mariner said the D.C. LGBT Center has the ability to house or operate such programs if the city helps fund the center.
“We are the only major U.S. city that doesn’t have a permanent building for our local LGBT Community Center,” Mariner said. “In our short time at 1810 14th St., N.W., we’ve seen what is possible when we have an appropriate facility. Unfortunately, we will have to leave this facility, possibly as soon as this summer, and our future is uncertain.”
Mariner was referring to a lease the Center has for a building formerly used by the Whitman-Walker Clinic. The building is owned by a real estate development company that plans to demolish it to build a new condominium and office complex. The Washington Blade offices also are located in the building.
Brian Watson, director of programs for the non-profit social services group Transgender Health Empowerment, and longtime transgender activist Earline Budd, an outreach worker for the group, both said the community’s work in addressing transgender issues is far from complete.
The two pointed to the organization’s Wanda Alston House for LGBT youth, which provides temporary housing and social services to gay and trans youth. Due to city budget cuts, the Alston House lost a sizable portion of its city funding, requiring THE to reduce services to the youth staying at the house.
“Homelessness in our community is mostly invisible,” Budd said. “One of my priorities for our movement is to find out how we can reach the social and economically disadvantaged in our community.”
Gay Democratic activist Peter Rosenstein said an important part of the community’s continuing agenda should be making sure the mayor and city agencies properly implement LGBT-related laws and policies already on the books. He noted that agencies such as the public school system haven’t been aggressive enough in carrying out anti-bullying polices, for example.
“We may also need to legislate action” requiring the agencies to better carry out such programs, he said.
Carlene Cheatam, a same-sex marriage advocate and longtime member of the D.C. Coalition of Black Lesbian, Gay, Bisexual & Transgender Men & Women before recently stepping aside from the group, called for a fundamental change in the LGBT movement’s approach on the local level.
Instead of working mostly within specific LGBT groups that limit their work to LGBT-specific issues, Cheatam said activists should become fully involved in their local communities and integrate LGBT advocacy into the broader community.
“I have always thought that the community does it wrong,” she said. “I feel the community does it separate from other issues and the broader community. … You can’t just go to the straight community and say let’s talk about LGBT.”
She said a small number of LGBT people who are involved in their local communities work on broader, non-LGBT issues as well as LGBT issues.
“But as an agenda, the community does not get involved in something that’s not LGBT,” she said. “And yet we expect our allies to support us. … And so what I want is for the LGBT community to become part of the broader community and participate, support other people, other communities to establish allies.”
Cheatam also said that LGBT people who take a low profile in their involvement in the broader community should be fully out and self identified as LGBT.
“This also helps other people who are in the closet to see LGBT [people] who are visible, who are cleaning up neighborhood alleys with the gay T-shirt on. You can see that from your window and say, ‘Wow, they’re able to be out and in the neighborhood.’
“That’s my wish for the community.”
District of Columbia
‘Sandwich guy’ not guilty in assault case
Sean Charles Dunn faced misdemeanor charge
A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10.
Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets.
Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers standing in front of the shop.
Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.
“I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.
“And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”
The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.
Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured.
Prosecutors with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.
“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”
The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1.
Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom.
Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.
Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.
The dispute over the intricacies of the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.
Court observers have said in cases like this, a jury could have issued a so-called “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.
DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.
“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.
Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.
Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident.
“I would like to thank family and friends and strangers for all of their support, whether it was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.”
“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.
“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.
Maryland
Democrats hold leads in almost every race of Annapolis municipal election
Jared Littmann ahead in mayor’s race.
By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.
Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.
Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”
The rest of this article can be read on the Baltimore Banner’s website.
Democrats on Tuesday increased their majority in the Virginia House of Delegates.
The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.
All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.
Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)
Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.
Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.
Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.
Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.
The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.
Shreya Jyotishi contributed to this article.
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