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)
Local
LGBTQ, LGBTQ-friendly congregations to hold holiday services
Bet Mishpachah’s Hanukkah service to take place on Friday
LGBTQ and LGBTQ-friendly congregations in D.C. will hold services and other events throughout the holiday season.
Bet Mishpachah on Friday will hold its Sparks in the Dark Happy Hour at Spark Social on 14th Street from 5:30-7:30 p.m. It’s Chanuka Shabbat Service will begin at the Edlavitch DC Jewish Community Center (1529 16th St., N.W.) at 8 p.m.
Hanukkah began on Sunday and will end on Dec. 22.
Two gunmen on Sunday killed 15 people and injured more than two dozen others when they opened fire at a Hanukkah celebration on Sydney’s Bondi Beach.
Jake Singer-Beilin, Bet Mishpachah’s chief rabbi, in a Facebook post mourned the victims.
“We grieve for the victims and send heartfelt prayers of healing for those who were wounded,” he wrote.
“This Chanuka, our lights will shine brightly in the darkness, but our hearts will be heavy with mourning for those who were murdered on Bondi Beach while observing what should have been a joyous day,” added Singer-Beilin. “We will still celebrate our Festival of Lights and we will commit ourselves to illuminating and repairing our broken world. Let us channel the bravery of the Maccabees who found hope where there seemed to be none, and who fought to create a better future. We must do the same.”
LGBTQ Catholic group to hold annual Christmas Day Mass
Dignity Washington’s Christmas Day Mass will take place at St. Margaret’s Episcopal Church (1820 Connecticut Ave., N.W.) on Dec. 25 from 6-7 p.m. Parishioners can attend in person or watch it online via Facebook.
The Metropolitan Community Church of Washington D.C.’s Christmas Eve service will take place at the church (474 Ridge St., N.W., on Dec. 24 at 6 p.m.
St. Thomas Episcopal Church (1517 18th St., N.W.) in Dupont Circle will hold its Christmas Eve Festival Eucharist from 5-6 p.m. A Christmas Eve dinner will take place in the Parish Hall from 6-8:30 p.m. The church’s Christmas Eve Festival Eucharist will occur on Dec. 25 from 10-11 a.m.
Washington National Cathedral throughout the holiday season has a number of services and events scheduled. These include the virtual Gospel Christmas Service on Dec. 21 from 6-7:30 p.m., the Family Christmas Service on Dec. 23 from 11 a.m. to noon, the Christmas Eve Festival Holy Eucharist on Dec. 24 from 10-11:45 p.m., and the Christmas Day Festival Holy Eucharist on Dec. 25 from 11:15 a.m. to 12:45 p.m.
The Foundry United Methodist Church (1500 16th St., N.W.) in Dupont Circle will hold its Christmas Eve Family Service on Dec. 24 at 4:30 p.m. Its Carols and Candlelight Service will take place at 8 p.m.
Smithsonian Anacostia Community Museum to celebrate Kwanzaa
The Smithsonian Anacostia Community Museum (1901 Fort Place S.E.) in Anacostia will mark the first day of Kwanzaa on Dec. 26 with storytelling and drumming with Mama Ayo and Baba Ras D from noon to 2 p.m. The museum will hold a series of other events through the 6-day celebration of African American culture that ends on Jan. 1.
The Creative Suitland Arts Center (4719 Silver Hill Road) in Suitland, Md., on Friday will hold their Almost Kwanzaa: A Creative Kind of Holiday event from 6-8:30 p.m.
Maryland
Joseline Peña-Melnyk elected Md. House speaker
Family immigrated to New York City from the Dominican Republic
By PAMELA WOOD | Moments after being elected speaker of the Maryland House of Delegates Tuesday, state Del. Joseline Peña-Melnyk stood before the chamber and contemplated her unlikely journey to that moment.
Born in the Dominican Republic, the Peña family lived in a small wooden house with a leaky tin roof and no indoor plumbing. Some days, she said, there was no food to eat.
When she was 8 years old, the family immigrated to New York City, where Peña-Melnyk was dubbed “abogadito” or “little lawyer” for helping her mother and others by translating at social services offices.
The rest of this article can be read on the Baltimore Banner’s website.
District of Columbia
D.C. students need academic support, diverse connections for economic mobility
Region offers array of resources for families in need of assistance
Education is the blueprint of good economic mobility.
But when students aren’t set up with the proper resources to secure a quality education, it’s often low-income families that suffer the most, For Love of Children (FLOC) Executive Director LaToya Clark said. Children from low-income families on average grow up to earn $25,600 annually, according to Opportunity Insights.
D.C. families need better economic mobility, and experts say that starts with kids getting an education and breaking generational poverty cycles. Students without a high school diploma earn $738 per week on average, while those who graduated high school earn roughly $930 per week, according to the U.S. Bureau of Labor Statistics. Contrarily, those with bachelor’s degrees earn about $1,543 per week.
Students from low-income backgrounds have fewer financial advantages on their paths to securing an education, and hardships faced by public schools make it difficult for them to catch up, Clark said.
From local financial and educational assistance programs to strengthening diversity among educators, here are a few ways researchers and advocates are fighting for better economic mobility in D.C. schools.
Student assistance programs
For many students, falling behind academically is because of circumstances outside of their control, Clark said.
She said teacher shortages, large classrooms and scarce funding can lead to an educational environment not fully equipped to set students on the right path. A one-dimensional education can then hinder future professional opportunities and give students limited economic mobility.
That’s where local organizations like FLOC come in –– to fill in the academic and social gaps often left open by schools.
Clark said FLOC has multiple services that give underserved students a more individualized academic experience. For the Neighborhood Tutoring Program, students are assessed at the grade level at which they’re performing, not what grade they are in. They’re then matched with a volunteer –– ranging from college students to retirees –– who follows a curriculum that matches the student’s performance level.
There’s also the Pathways Forward Program, an afterschool opportunity for D.C. youth in 7th to 12th grades designed to increase high school graduation rates. The program supports those at risk of academic failure to find a successful way forward, and those in 10th to 12th grades to prepare for graduation or transition to postsecondary programs. Both Neighborhood Tutoring and Pathways Forward are free.
“Everything we offer is designed to close achievement gaps, help our students boost their confidence and ensure young people have the skills and support that they need to succeed in schools and beyond,” Clark said.
And that design is working for students. Clark recalled a young girl who was the oldest of six who felt a need to help her mom take care of her siblings. She was falling behind in school until she found FLOC. The girl credited her ability to go to college and find a professional job to FLOC’s individualized and accessible approach to education.
FLOC is a reliable resource for D.C. youth to get academic help, but there are numerous other organizations working to close educational gaps and improve the future economic mobility of students.
Minds Matter D.C. helps underserved students find accessible pathways to prepare for and succeed in college. The organization offers mentoring, SAT prep, access to summer enrichment programs and guidance through the college application and financial aid process.
The work Minds Matter does addresses a disproportionate statistic: While roughly 89% of students from “well-off” families attend college, only 51% of students from low-income families do so, according to a report published by Brookings. Minds Matter reported that 100% of its students attended a four-year college or university.
The D.C. Schools Project, a program of the Center for Social Justice, offers academic help and English-language tutoring for low-income and immigrant families. Each semester, roughly 60 tutors assist about 100 students, their families, and other D.C. immigrants.
D.C. CAP Scholars has a mission to connect youth with financial and academic opportunities that will help them succeed in college. Registration is now open for the organization’s Ward 7 & 8 scholarship, a $12,000 annual scholarship for students who attended high school in those D.C. wards. Those areas encompass communities such as Congress Heights, Deanwood and Anacostia, which are some of the city’s poorest areas.
RISE offers tutoring and college mentoring to underserved populations. Its primary focus is on opportunity academies, including the three in D.C.: Ballou STAY, Luke C. Moore and Garnet-Patterson STAY. These academies are “second chance” schools for students who didn’t complete high school on a traditional timeline.
RISE Executive Director Ricardo Cooper said the organization offers real-time tutors for students in these academies through its Keep Up Tutoring program. RISE also provides summer literacy “bootcamps” and college prep for underserved students.
As a native Washingtonian, Cooper said he wishes opportunities like RISE were available to him as a kid. That’s why it’s so special for him to lead the organization and help D.C. youth rise above the academic and economic barriers he used to face.
“We know that going to college and getting a degree makes you more money,” Cooper said. “Being able to have these programs to support youth in school, to make sure that they feel confident once they graduate high school, to go to college, to feel confident in completing their coursework and just understanding the material is important to raise that poverty line.”
While these programs are crucial to many students’ success, Matthew Shirrell, associate professor of educational leadership at George Washington University, said there are many fundamental solutions to supporting kids that schools should recognize.
Diverse learning opportunities
Shirrell’s research has identified a key link to the positive relationships between teachers and students: diversity.
“Having a more diverse teaching workforce would certainly benefit all students, because it’s like their teachers having access to a library with a whole bunch of different perspectives,” Shirrell said.
He said teachers have a continuously growing list of responsibilities not just academically, but in dealing with social and emotional issues that students bring to school. By having a diverse team of educators in each school, teachers are better equipped to connect with students to turn potential barriers into new pathways.
But achieving this is about more than championing diversity –– it’s a way for students to secure better futures and stay out of the criminal justice system, Shirrell said.
Shirrell pointed to the idea of “exclusionary discipline.” In his research, Shirrell found that Black and LatinX students were significantly less likely to be suspended from school when they had teachers who shared their racial or ethnic background.
Teachers of different backgrounds than their students tend to rely on harsh disciplinary action, when in reality the situation could come down to cultural misunderstandings or misconceptions, Shirrell said.
In the long run, this disciplinary bias can disproportionately impact underserved communities. Shirrell said relentless discipline can lead to the students making poor decisions outside of school and potentially ending up in the criminal justice system.
At such a formative age, students need the support, understanding and guidance that only a diverse population of educators can bring.
“You really can’t get that from a book,” Shirrell said. “The best way to learn that is from working alongside somebody who you know is doing things differently than you. There’s tremendous value to having a diverse workforce, whether that be racial, linguistic or economic.”
Securing an education from open-minded teachers is especially important in underserved pockets of D.C., such as Wards 7 and 8. D.C. youth can experience completely different lives and opportunities just by living around the block. Diverse educators can help fill social gaps, but having students from different economic backgrounds share a classroom pushes them to see different points of views and develop their critical thinking skills, Shirrell said.
Luckily, that sentiment rings true in D.C., a city with high social capital –– or the likelihood of low-income people and high-income people becoming friends or crossing paths. About 50% of the friends of low-income people have high incomes, and low-income people are only 4.7% less likely to friend high-income people they meet, according to Opportunity Insights.
Though there’s never one simple solution in growing economic mobility for students and their families, Cooper, the RISE executive director, said having educators who embody multiple perspectives –– as well as ensure students are aware of the financial and academic support programs available to them –– are strong ways to set a child on a brighter financial and professional path.
“There are a lot of factors that also go along with [improving economic mobility], but chances are better once students feel confident in who they are, confident in what they can do and go to college and excel,” Cooper said.
This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.
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