Local

D.C. court rejects ballot measure on gay marriage

Judges divided on city charter issue

Published

16 years ago

July 15, 2010

The D.C. Court of Appeals ruled 5-4 Thursday that the city acted within the law when it refused to allow a minister to place a voter initiative on the ballot seeking to overturn the city’s same-sex marriage law.

The court’s nine judges unanimously agreed with the D.C. Board of Elections & Ethics that a ballot measure to overturn the D.C. Marriage Equality Act, if approved by voters, would constitute discrimination prohibited by the city’s Human Rights Act.

But four of the judges, including Chief Judge Eric Washington, dissented from the majority, saying the law banning ballot measures that would result in discrimination prohibited by the Human Rights Act is invalid because the City Council passed it in violation of the congressionally approved D.C. Home Rule Charter. Associate Judge John Fisher wrote the dissenting opinion.

The majority decision, written by Associate Judge Phyllis Thompson, says the Council acted within the scope of the Home Rule Charter and a subsequent charter amendment, which it says gave the Council sufficient discretion to restrict ballot measures from taking away rights protected under the Human Rights Act.

In issuing its decision, the appeals court upheld an earlier ruling by a D.C. Superior Court judge, who also held that the election board acted within the law in denying Bishop Harry Jackson’s petition to file papers to place the Marriage Equality Act on the ballot as a voter initiative.

Jackson, pastor of a church in Beltsville, Md., recruited several D.C. same-sex marriage opponents to join him as plaintiffs in the case, Jackson v. D.C. Board of Elections & Ethics.

Jackson has said he would appeal the case to the U.S. Supreme Court if his side lost at the appeals court level.

Legal experts have said it’s possible — but unlikely — that the Supreme Court would agree to take the case because it is based on a local issue of whether the D.C. Home Rule Charter and a subsequent amendment to the charter allows ballot measures to be held that would result in discrimination. The case would not be on the issue of same-sex marriage itself or whether the U.S. Constitution requires states to accept same-sex marriage, as other pending lawsuits in state courts have asserted.

“The court’s ruling today is a significant victory for justice, the rule of law and the protection of all D.C. residents against discrimination,” said Human Rights Campaign President Joe Solmonese. “It’s time for the National Organization for Marriage to realize equality is here to stay no matter how much money they want to throw at turning back the clock.”

Solmonese was referring to efforts by the National Organization for Marriage, an anti-gay group, to use its sizable financial resources to support Jackson’s campaign to overturn the D.C. Marriage Equality Act.

Solmonese added, “The D.C. Council made a wise decision decades ago that no initiative should be permitted to strip away any individual’s civil rights. The court unanimously found that the proposed anti-marriage initiative would have the effect of causing discrimination, and in doing so, stood up for the entire D.C. community.”

Rev. Anthony Evans, president of the D.C.-based National Black Church Initiative and one of the plaintiffs who joined Jackson in seeking to overturn the same-sex marriage law through an initiative, said opponents of the law will continue their fight.

“Today the court has told the 500,000 residents of the District of Columbia that we have no right to vote on their own laws,” Evans said in a statement. “This is wrong. We should have a right to vote on issues challenging the fabric of our lives here in D.C. Like I’ve said in the past, we will continue to fight — taking this all the way to the Supreme Court. We will not give up easily.”

In the majority decision, Thompson said the claim by Jackson and those who joined him in challenging the city’s decision to ban a marriage ballot measure rested on the technical question of whether the City Council had the authority to pass implementing legislation to restrict voter initiatives or referenda.

“Appellants’ challenge focuses on the validity of Council legislation that requires the [election] board to refuse to accept any proposed initiative that would authorize, or have the effect of authorizing, discrimination prohibited by the Human Rights Act,” Thompson said in the decision.

“Specifically, appellants contend that, in establishing that requirement, the Council overstepped its authority and acted in contravention of the District of Columbia Charter. Alternatively, appellants contend that the proposed initiative would not authorize or have the effect of authorizing prohibited discrimination.

“We disagree with both contentions, and we therefore affirm the Superior Court’s rulings that the Council acted lawfully in imposing the Human Rights Act safeguard and that the [election] board correctly determined that the safeguard required it to reject the proposed initiative.”

D.C. City Council member Phil Mendelson (D-At Large), who chairs the committee that guided the same-sex marriage law through the Council, called the appeals court decision a major victory for the city and the law’s supporters.

“It’s significant that all of the judges agree that Bishop Jackson’s initiative would be discriminatory,” Mendelson said.

Jackson could not be immediately reached for comment.

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Maryland

Md. lawmakers reaffirm legislative priorities

2026 General Assembly to end April 13

Published

7 hours ago

March 31, 2026

Sam Epner

The Maryland State House in Annapolis, Md.(Washington Blade photo by Michael Key)

Maryland’s legislative caucuses outlined their legislative priorities heading into the final weeks of the 2026 General Assembly during a joint press conference on March 24.

The press conference was titled “We are Maryland,” where a representative for each of the legislative caucuses outlined priorities.

State Del. Kris Fair (D-Frederick County) of the LGBTQ+ Caucus opened the press conference with a statement on the unity of Maryland’s caucus.

“Together we can show our state and our community a different world, one where we mutually support one another and through that support uplift every Marylander,” he said.

In a press conference on March 5, the LGBTQ+ Caucus outlined its top legislative priorities. Fair highlighted two of those bills again during the “We are Maryland” press conference.

The first of the two highlighted pieces of legislation was Senate Bill 626 and House Bill 1589.

The bills would simplify the process of updating an individual’s birth certificate and align the Department of Health and DMV systems to reflect those changes. The bill is being led by state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and state Del. Ashanti Martinez (D-Prince George’s County).

The second piece of legislation is Senate Bill 950 and House Bill 1209, which would update and modernize laws and regulations around so-called conversion therapy. The bills have failed to pass either chamber thus far. They are being led by state Sen. Cheryl Kagan (D-Montgomery County) and state Del. Bonnie Cullison (D-Montgomery County).

(The U.S. Supreme Court on Tuesday ruled against a Colorado law that bans so-called conversion therapy for minors. Maryland is among the U.S. jurisdictions that prohibit the widely discredited practice for anyone under 18.)

Martinez and Lam have introduced bills in their respective chambers that would expand PrEP access in Maryland. Martinez did not attend the press conference, and Fair did not mention it when he spoke.

State Del. N. Scott Phillips (D-Baltimore County) represented the Black Caucus during the press conference. State Del. Dana Jones (D-Anne Arundel County) spoke on behalf of the Women’s Caucus, State Del. Teresa Woorman (D-Montgomery County) represented the Latino Caucus, and State Del. Lily Qi (D-Montgomery County) represented the Asian-American and Pacific Islander Caucus. State Del. Jared Solomon (D-Montgomery County) represented the Jewish Caucus, and state Del. Sean Stinnett (D-Baltimore County) represented the Muslim Caucus during the press conference.

Solomon ended the press conference by explaining the importance of all the caucuses coming out together.

“We are stronger when we’re together, and many of these issues that we have talked about, again, impact all of us,” said Solomon.

District of Columbia

Blade contributor, husband exchange vows in D.C.

Yariel Valdés and Kevin Vega held ceremony at Jefferson Memorial on March 23

Published

1 day ago

March 30, 2026

Staff reports

Kevin Vega and Yariel Valdés (Washington Blade photo by Michael K. Lavers)

Washington Blade contributor Yariel Valdés and his husband, Kevin Vega, exchanged vows at the Jefferson Memorial on March 23.

The couple married in Fort Lauderdale, Fla., on Nov. 24, 2025. The Jefferson Memorial ceremony — which Blade International News Editor Michael K. Lavers and Samy Nemir Olivares officiated — coincided with the third anniversary of Yariel and Kevin’s first date.

Yariel in 2019 asked for asylum in the U.S. because of the persecution he suffered as a journalist in his native Cuba. He spent nearly a year in U.S. Immigration and Customs Enforcement custody before his release on March 4, 2020.

Yariel wrote a series of articles about his time in ICE custody that the Blade published. The series was nominated for a GLAAD Media Award in 2022.

Yariel and Kevin live in South Florida.

District of Columbia

‘Out for McDuffie’ event held at D.C. gay bar

Mayoral candidate cites record of longtime support for LGBTQ rights

Published

1 day ago

March 30, 2026

Lou Chibbaro Jr.

D.C. mayoral candidate Kenyan McDuffie held a meet and greet at Number 9 last week. (Washington Blade photo by Lou Chibbaro, Jr.)

More than 100 people filled the upstairs room of the D.C. gay bar Number 9 on Thursday night, March 26, to listen to D.C. mayoral candidate Kenyan McDuffie at an event promoted as an “Out for McDuffie” meet and greet session.

Several local LGBTQ activists who attended the event said they support McDuffie, a former D.C. Council member, in his run for mayor while others said they had not yet decided whom to vote for in the June 16 D.C. Democratic primary election.

As of March 27, eight other Democrats were competing against McDuffy in the June 16 primary, including D.C. Council member Janeese Lewis George (D-Ward 4), considered McDuffie’s lead opponent. Lewis George also has a record of strong support on LGBTQ issues.

Most political observers consider McDuffie and Lewis George the two lead candidates in the race, with the others having far less name recognition.

The two lead organizers of the Out for McDuffie event were LGBTQ rights advocates Courtney Snowden, a former D.C. deputy mayor in the administration of Mayor Muriel Bowser, and Cesar Toledo, a local LGBTQ youth housing services advocate.

“I’m a candidate for mayor of Washington, D.C. and I’m running for mayor because I love this city,” McDuffie told the gathering after being introduced by Snowden. “And now more than ever we need leadership to take us to the future,” he said, adding that he and his administration would “stand up and fight” against President Donald Trump’s efforts to intervene in local D.C. affairs.

“Our strength is in the 700,000 beautifully diverse residents of Washington, D.C.” he told the gathering. “And as Courtney said, I didn’t just show up and run for mayor and then start saying that I’m going to be an ally for the queer community, for the LGBTQ+ community,” he said, “I’ve lived my entire professional life fighting for justice and fighting for fairness.”

Following his speech, McDuffie told the Washington Blade, “We’re going to fight to protect our LGBTQ+ community every single day. That’s what I’ve spent my career doing, making sure we have a beautifully diverse and inclusive city.”

He remained at Number 9, located at 1435 P St., N.W., for nearly an hour after he spoke, chatting with attendees.