Local
Jackson petitions Supreme Court in D.C. marriage case
Local officials mum on filing opposition brief
Attorneys for Bishop Harry Jackson, the minister who has led efforts to kill D.C.’s same-sex marriage law, filed a petition last week asking the U.S. Supreme to weigh in on whether the city should allow voters to decide whether to overturn the law.
In a filing known as a petition for a Writ of Certiorari, Jackson’s attorneys asked the high court to allow Jackson and six others to appeal a decision earlier this year by the D.C. Court of Appeals rejecting their lawsuit seeking to force the city to hold a ballot measure on the marriage law.
D.C. Attorney General Peter Nickles, who has been praised for his strongly worded briefs defending the same-sex marriage law in court, has yet to say whether the city will file a brief opposing Jackson’s Supreme Court petition.
City officials, including presumptive Mayor-elect Vincent Gray, have said they remain strongly supportive of the same-sex marriage law and would martial all the needed resources to defend it if the Supreme Court agrees to take Jackson’s case.
Supreme Court rules say briefs opposing a Petition for a Writ of Certiorari are not mandatory. One gay rights attorney said opposing parties often don’t file opposition briefs if they believe the high court is unlikely to approve a certiorari petition.
“I would think Peter Nickles might still write something,” said gay rights attorney Mark Levine. “But he may choose not to.”
Spokespersons for Nickles and the mayor’s office did immediately respond to calls asking if the city plans to file an opposition brief on the case.
The city has 30 days to file an opposing brief.
Four of the nine Supreme Court justices are needed to approve a petition for certiorari, which allows a case to come before the court for consideration on its merits. The court turns down the overwhelming majority of cases that come before it through petitions of certiorari, according to information posted on the court’s website.
Should the court agree to take the case, five of the nine justices are needed to issue a ruling in Jackson’s favor by overturning the appeals court decision.
Levine said it’s unlikely that the Supreme Court would agree to take the case, although he said its past rulings on some controversial cases have surprised legal observers.
The D.C. Court of Appeals ruled earlier this year that the city’s Board of Elections and Ethics was correct in disqualifying Jackson’s proposed ballot measure seeking to overturn the same-sex marriage law. The election board cited a city law governing voter initiatives and referenda that it said prohibits the city from holding such a ballot measure because, if approved, it would violate the D.C. Human Rights Act’s ban on discrimination based on sexual orientation.
Jackson and his attorneys argue that the law restricting ballot measures that go against provisions in the D.C. Human Rights Act is invalid because it violates the city’s Home Rule Charter, which Congress passed in the early 1970s.
The election board and a D.C. Superior Court judge rejected that claim as did the Court of Appeals. Each said the ballot measure restriction doesn’t violate the Home Rule Charter.
In March, before the appeals court issued its decision on the case, Jackson’s lawyers filed an emergency motion asking the Supreme Court to issue a stay preventing the same-sex marriage law from taking effect until the appeals court ruled on the matter.
Chief Justice John Roberts denied the request for a stay, saying Jackson and others opposed to the marriage law could not show that they could win the case on its merits, or that allowing the law to take effect would cause them irreparable harm at that time.
However, Roberts said in his three-page ruling that Jackson’s argument that the city acted improperly by denying a request for a ballot measure on grounds that it would violate the Human Rights Act “has some force.”
That comment by Roberts has led to speculation by legal experts that the Chief Justice might give at least some consideration to supporting a petition that the Supreme Court take the case, even though the court has a longstanding history of deferring to lower courts on matters that don’t relate to the U.S. constitution or to federal law.
In a comment that same-sex marriage supporters viewed as a hopeful sign, Roberts also stated in his ruling in March that Congress had full authority to prevent the city from adopting its law prohibiting ballot measures that violate the Human Rights Act, but Congress chose not to do so.
Nickles, who wrote the city’s briefs defending the same-sex marriage law against Jackson’s lawsuit, has argued that the law barring ballot measure that violate the Human Rights Act was adopted in full compliance with the Home Rule Charter. He noted that Congress’s decision not to overturn either the ballot measure law or the same-sex marriage law shows there is no federal or constitutional interest in either law and Jackson has no grounds for asking the courts to overturn it.
The Supreme Court is not expected to announce its decision on whether or not to take Jackson’s case until sometime next year.
In addition to Jackson, the individuals that signed on to the petition seeking Supreme Court intervention in the case include Ward 5 ANC Commissioner Robert King, local minister Anthony Evans, former D.C. congressional delegate Walter Fauntroy, Dale Wafer, Melvin Dupree, and Howard Butler.
The group is being represented by attorneys with the Alliance Defense Fund, a conservative religious-oriented litigation group that has challenged same-sex marriages laws in other states.
“Today’s petition by Bishop Jackson to the U.S. Supreme Court is nothing more than a last-ditch attempt by outside interests to try to eliminate marriage equality in the District,” said Joe Solmonese, president of the Human Rights Campaign, in a statement last week. “Every court that has reviewed this case, including two D.C. Superior Court judges and the full Court of Appeals, has found Jackson’s arguments to be without merit,” he said. “The Council and mayor, representing District residents, overwhelmingly approved legislation providing for marriage equality. And we will remain vigilant against any efforts to take it away.”
(Jackson photo is a Blade file photo by Michael Key)
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Congratulations to Jamie Leeds, chef extraordinaire, and owner of Hank’s Oyster Bars, as she ventures into some new areas. Leeds is an award-winning Washington, D.C.–area chef, restaurateur, and entrepreneur with more than three decades of experience shaping the region’s dining scene.
Her first new venture is a restaurant opening in Alexandria this week. It will be called Hank’s Pasta Bar, bringing a personalized twist to classic Italian dining with a hiddenrestaurant-inside-a-restaurant in Old Town, Alexandria. The new trattoria is above Hank’s Oyster Bar, and will feature a build-your-own menu, marking a new direction for Leeds in partnership with chef Darren Norris. Norris brings more than three decades of experience to Hank’s Pasta Bar, with a foundation grounded in Italian cooking. The grand opening was scheduled for May 14. The elevated casual eatery blends an inventive chef-driven menu with an easy-going, sit-down dining experience that puts guests in charge. Hank’s Pasta Bar bridges the gap between elevated fast casual, like Norris’s Shibuya, and full-service dining, like Leeds’s Hank’s Oyster Bar. Diners order electronically at the table, but unlike fast casuals, food and beverages are delivered on plate ware, and a server is on site at all times.
The restaurant-inside-a-restaurant, welcomes guests to dine in with a full bar, including Italian wines and craft cocktails, maintaining its focus on traditional Italian fare with contemporary touches, including a build-your-own pasta bowl experience starting at $16. Create your own pasta bowl from seven artisanal pastas (including gluten-free), nine made-in-house sauces, proteins, vegetables, and toppings. Leeds said, “It’s the kind of place you’d find down a side street in a Tuscan hill town, after being tipped off by a friend who says, ‘trust me.’ If you know, you know.”
The restaurant will continue Hank’s community partnerships, including with Real Food for Kids, supporting programs that improve school food and nutrition equity.
In addition to this you should try Jaimie’s other new venture. Back Door Taco at Hank’s in Dupont Circle. You walk down the alley from 17th Street to the back door of Hank’s, and enter a small patio to partake of great tacos and interesting cocktails.
District of Columbia
HIV Vaccine Awareness Day set for May 18
Whitman-Walker joins nationwide recognition of efforts to develop vaccine
Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.
“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.
“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.
It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”
On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.
“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.
A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.
“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.
“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”
District of Columbia
Capital Stonewall Democrats endorses Janeese Lewis George for D.C. mayor
Group also backed D.C. Council, Congressional delegate, AG candidates
The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization, announced on May 14 that it has endorsed D.C. Councilmember Janeese Lewis George (D-Ward 4) for mayor in the city’s June 16 Democratic primary.
Lewis George along with former D.C. Councilmember Kenyan McDuffie (D-At-Large) are considered by political observers to be the two leading candidates among the seven candidates competing in the Democratic primary election for mayor.
Both have strong, long-standing records of support on LGBTQ issues, indicating Capital Stonewall Democrats members, like LGBTQ voters across the city, are likely choosing a candidate based on non-LGBTQ related issues.
In a May 14 statement, the group announced its endorsements in seven other Democratic primary races, including D.C. Council Chair Phil Mendelson, who is running unopposed in the primary. Also endorsed is D.C. Councilmember Robert White (D-At-Large), who is one of five Democratic candidates competing for the position of D.C. delegate to the U.S. House of Representatives.
D.C. Councilmember Brooke Pinto (D-Ward 2) is among the four candidates competing with White for that post, and who like White has a strong record of support on LGBTQ issues.
In the At-Large D.C. Council race for which incumbent Anita Bonds is not running for re-election, Capital Stonewall Democrats has endorsed community activist and LGBTQ ally Oye Owolewa in a nine candidate race.
For the Ward 1 D.C. Council election, in which five LGBTQ supportive candidates are competing, the group did not make an endorsement because none of the candidate received a required 60 percent of the endorsement vote cast by Capital Stonewall Democrats members, according to the group’s former president, Howard Garrett.
The statement announcing its endorsements shows that it decided to list its “Preferred Ranking” of each of the Ward 1 Democratic candidates as part of the city’s newly implemented ranked choice voting system. It lists gay candidate Miguel Trindade Deramo as first, bisexual candidate Aparna Raj second, Jackie Reyes Yanes third, Rashida Brown fourth, and Terry Lynch fifth.
In the remaining ward Council races, Capital Stonewall Democrats endorsed Councilmember Matt Fruman (D-Ward 3), who is running unopposed for re-election; Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member who is being challenged by two opponents; and Councilmember Charles Allen (D-Ward 6), who is running unopposed for re-election.
The group also chose not to make an endorsement in the special election for another At-Large D.C. Council seat that became vacant when then-Independent Councilmember McDuffie resigned to enable him to run for mayor as a Democrat. Under the city’s Home Rule Charter adopted by Congress, that at large sweat is restricted to a “non-majority party” candidate, meaning a non-Democrat.
The three candidates running for the seat, all Independents, include incumbent Doni Crawford, who was appointed to the seat earlier this year; former D.C. Councilmember Elissa Silverman; and Jacque Patterson. All three have expressed support on LGBTQ related issues.
“The organization’s endorsement process included candidate questionnaires, public forums, and direct voting by active CSD members,” the statement announcing its endorsements says. “Each endorsement reflects the collective voice of 173 LGBTQ+ Democrats who voted in the process and are committed to building lasting political power in the District,” according to the statement. “Candidates that reached 60 percent support received the endorsement.”
Garrett, the group’s former president, acknowledged that with nearly all candidates running in D.C. elections expressing strong support for the LGBTQ community, many if not most of the group’s members most likely chose a candidate based on issues other than LGBTQ related issues.
He said he believes Lewis George, who he is supporting and is viewed as a progressive candidate who self-identifies as a Democratic Socialist, compared to McDuffie, who is viewed as a moderate Democrat, captured the group’s endorsement based on the view that she is the best person to lead the city going forward.
“I believe that Capital Stonewall members voted for Janeese Lewis George because we’re tired of the status quo and we need a new, bold leader to not only move our city forward but also to stand up to Donald Trump and his administration,” Garrett told the Washington Blade.
McDuffie’s LGBTQ supporters, including former Capital Stonewall Democrats presidents David Meadows and Kurt Vorndran, have argued that McDuffie’s positions on a wide range of issues, including LGBTQ issues, show him to be the best candidates to lead the city at this time and In future years.
The group’s endorsement of Lewis George comes one week after GLAA DC, a nonpartisan LGBTQ advocacy group, awarded her its highest candidate rating of +10.
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