Connect with us

Local

D.C. Appeals Court hears gay marriage case

City defends law halting effort to repeal same-sex marriage law

Published

on

Same-sex marriage opponents Rev. Anthony Evans, left, and Bishop Harry Jackson talk Tuesday outside the D.C. Court of Appeals. A case before the court could force the city to put its same-sex marriage law before voters in a ballot initiative. (Washington Blade photo by Michael Key)

In what legal observers called an unusual development, the full nine-judge D.C. Court of Appeals heard oral arguments Monday for a lawsuit seeking to force the city to put its same-sex marriage law before voters in a ballot initiative.

At issue is whether a 1970s amendment to the D.C. City Charter that allows voters to pass or repeal laws through an initiative or referendum can legally include a provision banning such ballot measures if they would take away rights from minorities.

The City Council added the provision to the charter amendment at the request of gay activists. The effort by same-sex marriage opponents to challenge the provision represents the first time it has been seriously questioned in more than 30 years.

All but two of the judges asked pointed questions that appeared to challenge the legal arguments presented by the lawyers on both sides of the case, taking on the role of devil’s advocate.

“The court asked a variety of probing questions, as they should have,” said Thomas Williamson, an attorney with Covington & Burling, which filed a friend of the court brief on the side of the D.C. government in defense of the law restricting ballot measures.

“But it seemed that a consistent theme in their questions was a sensitivity to the importance of protecting civil rights of a vulnerable minority, which is really what this case is about here — the right of same-sex couples to enjoy marriage and have the same status for their marriage as all other citizens of the District,” Williamson said.

Five of the nine judges, including Chief Judge Eric Washington, were appointed by President George W. Bush. President Bill Clinton appointed the remaining four.

Williamson and local gay rights attorney Mark Levine said it’s unusual for the Court of Appeals to hear a case for the first time en banc, or with all of its judges, instead of its usual practice of assigning a three-judge panel to hear a case.

One significant outcome of an en banc case is that the full court has the authority to overturn previous decisions it handed down either en banc or through a three-judge panel if the previous rulings would interfere with its intentions in a current case. Williamson said one possible ruling the court might overturn in the current case over the D.C. same-sex marriage law is the 1990s case known as Dean v. the District of Columbia.

In that case, the appeals court rejected a claim by a gay male couple that the city’s existing marriage law allowed for the issuance of marriage licenses to same-sex couples because of the Human Rights Act’s ban on discrimination based on gender and sexual orientation. At that time, the court ruled that the marriage law restricting marriages to opposite-sex couples took precedence over the Human Rights Law.

In recent years, gay rights attorneys and D.C. government officials have argued that the Dean decision was no longer relevant because the City Council had since made sweeping changes to the marriage law, providing extensive rights, including marriage, for same-sex couples.

Austin Nimocks, legal counsel for the Alliance Defense Fund, a Christian litigation group, argued the case Tuesday for Bishop Harry Jackson and other local opponents of same-sex marriage who filed the lawsuit seeking a ballot measure to overturn the gay marriage law.

Jackson initially filed his lawsuit before the D.C. Superior Court last fall, after the D.C. Board of Elections & Ethics rejected his application for a voter initiative calling for defining marriage in D.C. as the union between one man and one woman. The board ruled that the initiative would violate the provision added to the referendum and initiative law that bans such ballot measures if they would result in discrimination prohibited by the Human Rights Act.

The effect of the initiative, if approved by voters, would be to repeal the same-sex marriage law that the City Council passed and Mayor Adrian Fenty signed in December. The law took effect March 3 after it cleared a required 30 legislative day review by Congress.

Jackson then filed suit seeking to overturn the election board’s decision. In January, Superior Court Judge Judith Macaluso upheld the election board’s decision, saying the law cited by the city to ban such ballot measures was valid.

Tuesday’s hearing before the D.C. Court of Appeals came about after Jackson and his supporters appealed Macaluso’s ruling.

Nimocks sidestepped reporters’ questions about the appeals court judge’s comments, including those who challenged his arguments. He said after the hearing that his side is correct in claiming the 30-year-old provision in the D.C. Charter barring certain ballot measures violates the full District of Columbia Charter.

The city’s charter is considered to be equivalent to a state constitution, and legal experts say all laws enacted by the City Council and signed by the mayor must be consistent with any restrictions or limits set by the charter.

Nimocks argued before the court Tuesday that the charter amendment that created the city’s voter initiative and referendum system sets just one restriction on such ballet measures: a ban on voters directly deciding on matters related city funding or taxes.

He said the charter amendment, which the City Council passed and Congress approved, doesn’t allow further restrictions that would prevent a ballot measure seeking to curtail minority rights.

“The people have a right to vote that’s guaranteed by the District of Columbia Charter,” he said. “And the City Council cannot amend the charter. They cannot do anything to undermine the people’s right to vote.”

In his written brief, Nimocks also argued that the Dean case was still a factor that the appeals court should consider.

Todd Kim, the D.C. Solicitor General who argued on behalf of the city, told the court the charter amendment establishing the initiative and referendum system gives the City Council authority to make some changes in the system to carry out its “purpose.”

Kim noted that the Council wrote the charter amendment and that part of the purpose in creating it was to place certain restrictions consistent with longstanding city policy, including policies related to rights of minorities. The D.C. Human Rights Act, which was in place at that time, included a ban on discrimination based on sexual orientation, Kim said, indicating the city’s overall policy and purpose was to protect the rights of gays and lesbians along with other minorities.

He also noted that Congress approved the charter amendment through its normal 30 legislative day review, further solidifying its status as a valid law.

In another development that pleased gay activists attending Tuesday’s appeals court hearing, Judge Phyllis Thompson, a Bush appointee, pointed out that D.C. voters approved a statehood constitution in the early 1980s that included a provision banning initiatives and referenda that would take away rights of minorities, including gays.

Thompson appeared to be challenging Nimocks’ arguments that voters should have the right to decide on the gay marriage law by noting that D.C. voters approved the ban on ballot measures seeking to take away rights for gays and others.

Legal experts have said the statehood constitution passed by voters had no legal standing because D.C. statehood — which many D.C. residents favored in the 1980s — could not come about without approval by Congress. Congress never took the proposal seriously.

But Levine and Williamson said Thompson’s decision to raise the issued shows that she, and possibly a number of her colleagues on the appeals court, are sympathetic to the city law banning ballot measure that would take away rights, including the right of same-sex couples to marry in D.C.

“Marriage equality has already brought critical rights and responsibilities to hundreds of same-sex couples, yet outside forces are determined to undo our progress,” said Aisha Mills, president of the Campaign for All D.C. Families, one of the local groups that lobbied for a same-sex marriage law.

“As the courts have uniformly recognized in upholding D.C.’s comprehensive anti-discrimination laws, no one should have to have their marriages — or any of their civil rights — put to a public vote,” she said.

Jackson was among more than a hundred spectators to attend Tuesday’s appeals court hearing. The spectators appeared to be equally divided between same-sex marriage opponents and supporters, with many of the city’s prominent LGBT activists in attendance.

In addition to Washington and Thompson, the appeals court members include Judges Vanessa Ruiz, Inez Smith Reid and Stephen Glickman, who are Clinton appointees, and Judges John Kramer, John Fisher, Anna Blackbourne-Rigsby and Kathryn Oberly, who are Bush appointees.

Court observers say a decision on the marriage case could come anytime between the next several months and more than a year. The losing party could appeal the case to the U.S. Supreme Court, but many legal observers believe the high court would be unlikely to take the case.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Local

Comings & Goings

Hank’s Oyster Bar celebrates 20th anniversary

Published

on

Jamie Leeds

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 Jamie Leeds, chef extraordinaire, on celebrating the 20th anniversary of Hank’s Oyster Bar in Dupont Circle. Leeds said, “I am feeling grateful that Hanks has been in such a supportive and friendly neighborhood for 20 years.”

Leeds is a pioneering and tenacious entrepreneur who has spent her career foster­ing community, mentoring other female business owners and culinary professionals, and supporting sustainable practices across her restaurants and the seafood industry at large.

 She has 40 years of experience, from kitchens in Europe, to the D.C.-Maryland-Virginia-ar­ea. A self-taught chef, she began her career in New York in the early 1980s at Danny Meyer’s famed Union Square Cafe, working her way up from potato peeler to sous chef. With Meyer’s encouragement, she moved to France in 1991, where she spent a year honing her skills before returning stateside to work for Rich Melman, of Lettuce Entertain You Enterprises, in Chicago. 

From the moment she appeared on the D.C. culinary scene, Leeds garnered positive reviews and accolades, earning nominations in 2003 as a “Rising Culinary Star” in the Restau­rant Association of Metropolitan Washington’s Capital Restaurant & Hospitality Awards, and a “Rising Star Chef” by Starchefs’ local awards program. 

I met Leeds in early 2005 as she was trying to open Hank’s in D.C.’s Dupont Circle, serving what she coined “urban beach food.” The restaurant was named for her father, whom she credits as her inspiration for becoming a chef. It debuted to wide acclaim. A few of us joined with Jamie to fight some local neighborhood residents who were trying to stop her opening for a host of invalid reasons. Thankfully, they lost, and the neighborhood, and people of D.C., won. Now celebrated for its range of proprietary oysters and other locally sourced seafood, Hank’s Oyster Bar continues to draw recognition as a D.C. institution and industry stalwart, recently winning “Best Raw Bar” in Washingtonian’s Best of Washington Readers’ Poll 2019, “Best Bloody Mary” and “Best Chef-Jamie Leeds” (a second consecutive win) from Washington Blade’s Best of Gay D.C. in 2019, 2020, and 2021 among numerous other accolades. Leeds now has a Hank’s Oyster Bar in Old Town Alexandria, Va., and her largest location, Hank’s on the Wharf, which opened in October 2017.

In June of 2021 she was recognized by the U.S. Chamber of Commerce for inspiring LGBTQ+ entrepreneurs in the DMV area, and her approach to sustainable and inclusive business practices. A resident of North Chevy Chase, Md., when she’s not busy at the helm of her burgeoning restaurant empire, she enjoys spending time with her wife, Tina, and two children, Hayden and Hazel.

Continue Reading

Rehoboth Beach

Ashley Biden to speak at Blade’s Summer Kickoff Party in Rehoboth Beach

May 16 event to honor Beau Biden, feature speech from Gov. Matt Meyer

Published

on

Former first lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)

The Washington Blade’s 18th annual Summer Kickoff Party is scheduled for today in Rehoboth Beach, Del.

Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced on Friday. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. 

Delaware Gov. Matt Meyer has also joined the list of speakers. 

The event, held at the Blue Moon (35 Rehoboth Ave.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.

The event will also feature remarks from state Sen. Russ Huxtable, who recently introduced a state constitutional amendment to codify the right of same-sex couples to marry. CAMP Rehoboth Executive Director Kim Leisey and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Blue Moon.

A suggested donation of $20 is partially tax deductible and includes drink tickets and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door. 

Continue Reading

District of Columbia

LGBT exhibition at D.C.’s Capital Jewish Museum opens May 16

‘LGBT Jews in the Federal City’ arrives for WorldPride and beyond

Published

on

Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, October 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind & Al Munzer)

The D.C. Lillian and Albert Small Capital Jewish Museum is opening a special exhibition called “LGBT Jews in the Federal City” on Friday, May 16, that will remain at the museum at 575 3rd St., N.W. until Jan. 4, 2026.

Museum officials have said they are pleased that the LGBT exhibition will be open concurrently with WorldPride 2025 D.C., which takes place May 17-June 8. The exhibition also takes place during Jewish American Heritage Month in May and during LGBTQ Pride Month in June, the museum points out in a statement.

“This landmark exhibition explores a turbulent century of celebration, activism, and change in the nation’s capital led by D.C.’s LGBTQ+ Jewish community,” the museum statement says. “This is a local story with national resonance, turning the spotlight on Washington, D.C. to show the city’s vast impact on LGBTQ+ history and culture in the United States.”

LGBT Jews in the Federal City includes “more than 100 artifacts and photographs representing the DMV region’s Jewish LGBTQ+ celebrations, spaces, struggles, joys, and personal stories,” the stamen points out.

A pre-opening tour of the exhibition provided for the Washington Blade shows that among the displays are first-ever shown materials from Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, which is the nation’s fourth-oldest LGBTQ friendly synagogue.

Also included is a prominent display about Barrett Brick, a longtime D.C. LGBT rights advocate and Jewish community leader who served as a board member and president of Bet Mishpachah in the 1980s and as executive director of the World Congress of Gay and Lesbian Jewish organizations from 1987 to 1992. Brick passed away following a 10-year battle with cancer in 2013.

Another display in the museum’s several rooms accommodating the exhibition includes the ability to listen to audio clips of local LGBTQ community members sharing in their own voices their oral histories provided by D.C.’s Rainbow History Project.

Other displays include campaign posters and photos of prominent gay rights icon Frank Kameny, who led efforts to end discrimination against LGBTQ people from the federal government; and a panel from the AIDS Memorial Quilt that includes the name of a prominent Jewish Washingtonian who died during the AIDS epidemic.

“Through prompts, questions, and thoughtful design throughout the exhibition, visitors will be encouraged to ponder new ways to understand Jewish teachings and values as they relate to gender and sexuality,” the museum’s statement says.

“After leaving the exhibition, visitors can contribute to the Museum’s collecting and storytelling by sharing photographs, personal archives, or by recording stories,” it says.

The museum is open for visitors to see the LGBT exhibition and other museum exhibits 10 a.m. through 5 p.m. Wednesdays through Sundays. Admission to LGBT Jews in the Federal City is $12. 

Continue Reading

Popular