Local

Va. high court rejects gay man’s appeal

Court says it can’t help in discrimination case

Published

15 years ago

June 2, 2010

The Virginia Supreme Court has denied a gay man’s effort to obtain restitution after he allegedly was forced to resign from his job at a state museum because of his sexual orientation.

In a two-paragraph notice issued May 17, the state’s high court said it wouldn’t hear the case of Michael Moore v. Virginia Museum of Natural History because there’s nothing in the situation the justice system could rectify.

“Upon review of the record in this case and consideration of the argument submitted in support of and in opposition to the granting of an appeal, the Court is of opinion there is no reversible error in the judgment complained of,” the notice states. “Accordingly, the court refuses the petition for appeal.”

The notice says that Justice Williams Mims took no part in considering the case.

Last month’s petition denial is the result of a process that began when Moore allegedly was forced to resign his position as public relations associate at the Virginia Museum of Natural History in Martinsville, Va., in November 2006 because of his sexual orientation.

On appeal to Virginia’s high court, Moore also contended his dismissal violated his rights under the U.S. Constitution providing for freedom of religion and equal protection.

Moore, who has since moved to Lakeland, Fla., and is now preparing for law school, said the court decision was disappointing but not unexpected.

“We’ve been dealt blows all along, so I was kind of pessimistic going into it,” he said. “Them having to decide either for me or against me would have just required sweeping change. It should have been the reason they made a decision and they didn’t, so I’m disappointed actually.”

Moore said he plans to appeal the decision to the U.S. Supreme Court based on violation of rights in the U.S. Constitution. He noted that he has 90 days from when Virginia’s high court issued its notice to appeal the case.

In his case, Moore has said his supervisor discovered he was gay and asked him shortly thereafter to resign, even though he was rewarded with satisfactory marks after completing a performance review.

Following his firing, Moore filed a complaint first within the state government and later with the courts based on an executive order from former Gov. Tim Kaine (D) prohibiting job bias against gay employees in the state and public workforce.

But the administration wasn’t able to find restitution for Moore, and the courts have said the executive order didn’t provide a legal basis by which the courts could take action.

Claire Guthrie Gastanaga, general counsel for Equality Virginia, said the failure of the Virginia Supreme Court to take up the case shows the need for the passage of state legislation that would help protect LGBT Virginians against workplace discrimination.

“The bottom line is this decision just demonstrates what we’ve held for years — that LGBT employees don’t have any meaningful law to seek redress for discrimination, and frankly, they don’t have any cause of action under the old executive order, either,” she said.

When he took office this year, Republican Gov. Bob McDonnell didn’t renew the executive order for workplace protection against gays and instead replaced it with a less forceful executive directive.

Gastanaga said if there weren’t any meaningful protections under Kaine’s order, “there really, really isn’t any protection now” under McDonnell’s directive.

Greg Nevins, supervising senior staff attorney for Lambda Legal, called the Virginia Supreme Court case decision “a disappointing result” and said the reasoning for the court’s rejection “isn’t completely clear.”

Still, he said LGBT people have some workplace protections because the U.S. Constitution grants them some rights.

“It doesn’t mean that public employees in Virginia don’t have recourse for discrimination,” he said. “The Equal Protection Clause of the U.S. Constitution does protect state workers from arbitrary discrimination that’s based on sexual orientation.”

Nevins said many courts have found that the Equal Protection Clause protects LGBT people against discrimination in the public workplace, although a U.S. district court in Virginia hasn’t made such a ruling.

“A whole bunch of different courts around the country have said it,” he said. “I don’t really think it’s controversial.”

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World Pride 2025

Episcopal bishop to speak at WorldPride human rights conference

Trump demanded apology from Mariann Edgar Budde over post-Inauguration sermon

Published

6 hours ago

May 2, 2025

Michael K. Lavers

The Right Rev. Mariann Edgar Budde. (Screen capture via PBS NewsHour/YouTube)

The Right Rev. Mariann Edgar Budde is among those who are scheduled to speak at the WorldPride 2025 Human Rights Conference that will take place from June 4-6.

Budde, who is the bishop of the Diocese of Washington, in January urged President Donald Trump “to have mercy” on LGBTQ people, immigrants, and others “who are scared right now” during a post-Inauguration service that he and Vice President JD Vance attended at the Washington National Cathedral. Trump criticized Budde’s comments and demanded an apology.

The Right Rev. Mariann Edgar Budde speaks at the Washington National Cathedral on Jan. 21, 2025. (PBS NewsHour clip)

A press release the Washington Blade received notes Icelandic Industries Minister Hanna Katrín Friðriksson, UK Black Pride founder Phyll Opoku-Gyimah, and Bob the Drag Queen are among those who are also expected to participate in the conference.

The conference will take place at the JW Marriott (1331 Pennsylvania Ave., N.W.) and registration is open here.

World Pride 2025

Pabllo Vittar to perform at WorldPride

Brazilian drag queen, singer, joined Madonna on stage in 2024 Rio concert

Published

22 hours ago

May 1, 2025

Staff reports

Pabllo Vittar (Screen capture via Pabllo Vittar/YouTube)

A Brazilian drag queen and singer who performed with Madonna at her 2024 concert on Rio de Janeiro’s Copacabana Beach will perform at WorldPride.

The Capital Pride Alliance on Thursday announced Pabllo Vittar will perform on the Main Stage of the main party that will take place on June 7 at DCBX (1235 W St., N.E.) in Northeast D.C.

Vittar and Anitta, a Brazilian pop star who is bisexual, on May 4, 2024, joined Madonna on stage at her free concert, which was the last one of her Celebration Tour. Authorities estimated 1.6 million people attended.

District of Columbia

$3.7 billion RFK stadium proposal draws support from Team DC

Washington Commanders ‘proud’ to champion LGBTQ community

Published

2 days ago

April 30, 2025

Lou Chibbaro Jr.

The long-suffering RFK Stadium will be razed to make way for a new domed facility that could one day host the Super Bowl. (Washington Blade file photo by Michael Key)

Miguel Ayala, president of the D.C. LGBTQ sports organization Team D.C., has expressed support for the $3.7 billion deal reached between Mayor Muriel Bowser and the Washington Commanders football team to bring the team back to D.C. in a redeveloped site on the grounds of the city’s long shuttered RFK stadium.

With the deal calling for the city to provide $1 billion in taxpayer funds for infrastructure related costs for the massive redevelopment project — and with the Commanders to provide the remaining $2.7 billion — as of this week the deal did not have majority support on the D.C. Council, which must vote to approve it.

Ayala’s support for the project on behalf of Team D.C. raises the question of whether members of the city’s influential LGBTQ community might play some role in urging the D.C. Council to approve the project.

The proposal comes at a time when the Washington Commanders team includes a message of support for the LGBTQ community on its website. The message follows its hosting last October of its 4th annual LGBTQ Pride Night Out at the Commanders game against the Cleveland Browns.

“The Washington Commanders are proud to champion the LGBTQ+ community and its allies,” the team states on its website. “Through the unifying power of sports, we aim to create a culture where all feel welcome and celebrated.”

In a statement released to the Washington Blade, Ayala points out that the Commanders are among every D.C.-based professional sports team that hosts a Pride Night Out event, which Team DC helps to organize.

“Each year, our events have grown stronger, with vibrant tailgates, on-field celebrations, and powerful moments that shine a spotlight on our community,” Ayala said. “We can’t wait to kick off our first Night Out at the Commanders Stadium in 2030.”

He was referring to plans by the Commanders organization and the D.C. mayor’s office to have the stadium deal approved by the D.C. Council in July, with construction of the new stadium to begin then, and with a planned completion in time for the 2030 professional football season.

Ayala also points out that the RFK stadium grounds currently serve as home to LGBTQ-related sports activity, including the D.C. Gay Flag Football League and the D.C. Front Runners group. He added that the RFK grounds will serve as the playing fields for this year’s WorldPride Capital Cup sports competition, where LGBTQ rugby and soccer teams from around the world will compete.

“This new stadium will be more than just a field – it will be a powerful new addition to the vibrant, diverse, and proud communities we champion every day,” he said in his statement.

At an April 28 news conference, Bowser, Washington Commanders owner Josh Harris and other city officials provided details of the stadium project, noting that it includes a massive development of the new stadium and the surrounding 180 acres of land.

In addition to the 65,000-seat domed stadium, officials said the project would include 5,000 to 6,000 residential housing units, with 30 percent designated as “affordable” for low- and moderate-income residents. They said the project would also include parks and recreation areas, hotels, restaurants, retail, and neighborhood amenities.

“As we focus on the growth of our economy, we’re not only bringing our team home, but we’re also bringing new jobs and new revenue to our city and to Ward 7,” Bowser said in a statement

Opponents of the project, including D.C. Council Chair Phil Mendelson (D-At-Large), have said they don’t believe the city should use its own funds for a stadium and the related development.

So far, just four Council members have expressed support for the project. Mendelson and two other Council members have expressed opposition, and the remaining five have not yet said whether they would vote for or against it. The project needs seven of the current 12-member Council for it to be approved.

Council member Zachary Parker (D-Ward 5), the Council’s only gay member, who initially had not taken a position on the proposal, this week said he was looking at the project more favorably, according to news media reports.