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)
District of Columbia
Community mourns passing of D.C. trans rights advocate SaVanna Wanzer
Acclaimed activist credited with founding D.C. Trans Pride
Three D.C.-based LGBTQ advocacy organizations released statements on April 24 announcing that highly acclaimed D.C. transgender rights advocate SaVanna Wanzer has passed away.
A family member told the Blade that Wanzer died on Friday, April 24 of natural causes. She was 63.
Among other things, the advocacy groups noted that Wanzer is credited with being the lead founder of the D.C. Trans Pride and D.C. Black Trans Pride celebrations and events.
“As a trailblazing transgender activist, educator, and founder of D.C. Trans Pride, D.C. Black Trans Pride, and May Is All About Trans, SaVanna created and led transformative transgender programming during D.C. Black Pride that ensured trans voices, stories, leadership, and lived experiences were centered, celebrated, and protected,” according to the statement from the Center for Black Equity, an LGBTQ organization.
“Her work was not just about representation, it was about liberation, community, and making sure Black Trans lives were honored in rooms, stages, policies, and movements that too often overlooked them,” the statement says.
In its own statement, the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, called Wanzer an icon of D.C.’s Black trans community and longtime leader in many LGBTQ organizations.
“SaVanna Wanzer was a D.C. legend,” Tori Cooper, HRC’s Director of Strategic Outreach and Training, said in the statement. “She advocated for many years for the trans community and for people living with HIV, and served with many organizations, including D.C. Black Pride, Capital Pride, and NMAC [National Minority AIDS Council],” the statement adds.
“I can say firsthand that SaVanna will not just be missed for her work, but for her sisterly wisdom and her sense of humor,” Cooper said in the HRC statement.
In its own statement, Capital Pride Alliance, which organizes D.C.’s annual LGBTQ Pride events, called Wanzer a “trailblazer” in her role as founder of Capital Trans Pride, D.C. Black Trans Pride, and the May Is All About Trans events. It says she served on the Capital Pride Board of Directors
“SaVanna was not just an advocate and community organizer but also a knowledge holder and elder voice in our movement,” the statement adds
In an undated statement on its website released before Wanzer’s passing, the D.C. group Food and Friends, which provides home-delivered meals to people in need, including people with HIV and cancer, says Wanzer had been one of its clients in the past. It says she had been living with heart problems since she was 16 and learned she had HIV in 1985 when she went to donate blood while working at the time for the U.S. Department of Veterans Affairs. It also says she had diabetes, which was under control.
Among her many involvements, Wanzer also served as a volunteer for D.C.’s Whitman-Walker Health, which provides medical services for the LGBTQ community along with other communities. In 2015, Whitman-Walker selected Wanzer as the first recipient of its Robert Fenner Urquhart Award for her volunteer services at Whitman-Walker for more than 20 years.
The Center for Black Equity appeared to capture the sentiment of those in the LGBTQ community who knew Wanzer in the concluding part of its statement on her passing.
“Her vision continues to guide us,” it says. “Her courage continues to inspire us. Her impact will continue to live through every person, every Pride, and every space made more possible because she dared to lead,” it says. “Rest in power, SaVanna Wanzer. Your light remains with us.”
The family member said funeral arrangements are expected to be announced early next week. This story will be updated.
Virginia
Prominent activists join ‘Living History’ panel at Freddie’s Beach Bar
Event organized by owner of new Friends of Dorothy Café in Alexandria
Six prominent LGBTQ community leaders and elders, including a beloved drag performer, talked about their role in advancing the rights of LGBTQ people and their thoughts on how the upcoming generation of LGBTQ youth should get ready to join the movement participated in an April 23 “Living History” panel discussion at Freddie’s Beach Bar.
The event was organized by Dorothy Edwards, who plans to open Friends of Dorothy Café in Alexandria. She said the café will be an LGBTQ community “intergenerational space” that will host events like the one she organized at Freddie’s Beach Bar.
“It will be a space for connection, storytelling, and belonging, especially for LGBTQ+ youth and community members who don’t always have places like that,” she said in a statement announcing the event at Freddie’s.
The six panelists at the Freddie’s event included Kierra Johnson, president of the D.C.-based National LGBTQ Task Force; Freddie Lutz, owner of Freddie’s Beach Bar located in the Crystal City section of Arlington, Va.; Donnell Robinson, who for many years performed in drag as the icon Ella Fitzgerald; Taylor Chandler Walker, a local transgender rights advocate, author and public speaker; Heidi Ellis, coordinator of the D.C. LGBTQ Budget Coalition; and Leti Gomez, an LGBTQ Latino community advocate and chair of the board of the American LGBTQ+ Museum.
Dr. Ashley Elliott, an LGBTQ community advocate and clinician who also goes by the name Dr. Vivid, served as moderator of the panel discussion, asking each of the panelists a serious of questions before opening the event to questions from the audience.
Among the issues discussed by the panelists was who was “centered” and who was excluded in the earlier years of LGBTQ organizing. Elliot also asked the panelists to address topics such as racism within queer spaces, gender dynamics, and strategies for coalition building between the LGBTQ community and other movements, including civil rights, feminism, and immigrant rights.
Each of the panelists expressed various thoughts on how the LGBTQ rights movement can make changes in response to the questions: “What can we do better?” and “Who is being left out?”
“I’m overwhelmed and so thankful that everyone on this panel said yes and agreed to come,” Edwards told the Washington Blade at the conclusion of the event. “I think every one of those people, including the moderator, was so brilliant and has done such good work for this community,” she said.
Edwards noted that each of the panelists, who have been involved in LGBTQ advocacy work for many years, talked about how they interact with younger LGBTQ people who are just beginning to become involved in activism.
“Truly, it’s an intergenerational conversation, and their wisdom and their words and their experiences can be disseminated to younger generations and people who want to do this work, people who want to fight for our community,” Edwards said.
“I was pleasantly surprised,” Lutz said. “I thought it was a good turnout, and everybody was very enthusiastic and engaged,” he said. “And I think it was great and fabulous.”
Lutz has operated Freddie’s Beach Bar for more than 25 years and has hosted numerous LGBTQ events. A sign above the front entrance door to the popular LGBTQ bar and restaurant says, “Straight Friendly Gay Bar.”
Edwards said the April 23 event was recorded and she will make arrangements for the recording to be released for others to view it. The Blade will post the link in this story when it becomes available.
District of Columbia
Second trans member announces plans to resign from Capital Pride board
Zion Peters cites ‘lack of interest in the Black trans community’
Zion Peters, a member of the Capital Pride Alliance Board of Directors who identifies as transgender, told the Washington Blade he plans to resign from the board “due to the lack of interest in the trans community, specifically the Black trans community.”
Peters continued, “Nobody has checked on me in the last two months so that shows their level of unprofessionalism towards their board members and the community as a whole.”
If he resigns, Peters would be the second known trans person to resign from the Capital Pride board since February, when longtime trans activist Taylor Lianne Chandler informed the board of her resignation in a detailed letter that was sent to the Blade by an anonymous source.
Chandler, who served as chair of the Capital Pride Transgender, Gender Non-Conforming, and Intersex Committee, stated in her Feb. 24 letter that she resigned from the board out of frustration that the board had failed to address instances of “sexual misconduct” within the Capital Pride organization. The organization’s and the board’s transgender-related policies were not cited in her letter as a reason for her resignation.
The Blade learned of Peters’s plans to resign from an anonymous source who thought Peters had already resigned along with four other board members identified by the anonymous source. The others, who Capital Pride confirmed this week had resigned, include Anthony Musa, Bob Gilchrist, Kaniya Walker, and Dai Nguyen.
Musa and Gilchrist told the Blade they resigned for personal reasons related to their jobs and that they fully support Capital Pride’s work as an organization that coordinates the city’s annual LGBTQ Pride events.
The Blade has been unable to reach Walker and Nguyen to determine their reasons for resigning.
Capital Pride CEO Ryan Bos and Board Chair Anna Jinkerson didn’t respond to a Blade question asking if they knew why Walker or Nguyen resigned.
In response to a request by the Blade for comment on the resignations and the concern raised by Zion Peters about trans-related issues, Bos and Jinkerson sent separate statements elaborating on the organization and the board’s position on various issues.
“We can confirm that the individuals you referenced, except for Zion, no longer serve on the Capital Pride Alliance Board of Directors,” Jinkerson said in her statement.
She added that following the WorldPride festival hosted by D.C. last May and June that was organized by Capital Pride Alliance, the group anticipated a “significant level of board transition,” with many board members reaching the end of their terms. But she said many board members chose to extend their service or apply for an additional term, showing a “powerful reflection of commitment.”
Without commenting on the specific reasons for the resignations of Peterson, Walker, and Nygun, Jinkerson noted, “As with all volunteer leadership roles, transitions occur for a range of personal and professional reasons, and we appreciate those transitions with both understanding and gratitude.”
In his own statement, Bos addressed Capital Pride’s record on transgender issues.
“The Capital Pride Alliance is committed to supporting and uplifting the Trans community through our work with the Trans Coalition under the Diversity of Prides Initiative, our partnership with Earline Budd on the LGBTQ+ Burial Fund with a focus on our Trans siblings, our collaboration with the National Trans Visibility March, and our ongoing investment in programming for Transgender Day of Visibility and Transgender Day of Remembrance,” Bos said in his statement.
“We also recognize there is always continued work to be done, and we always welcome feedback from our community to ensure our commitment remains unwavering,” he said.
At the time of her resignation in February, Chandler said she could not provide specific details of the instances of sexual misconduct to which she referred in her resignation letter, or who allegedly engaged in sexual misconduct, saying she and all other board members had signed a Non-Disclosure Agreement preventing them from disclosing further details.
Board Chair Jinkerson in a statement released at that time said she and the board were aware of Chandler’s concerns but did not specifically address allegations of sexual misconduct.
“When concerns are brought to CPA, we act quickly and appropriately to address them,” she said. “As we continue to grow as an organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we provide to our team and partners,” she said.
