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
Sold-out crowd turns out for 10th annual Caps Pride night
Gay Men’s Chorus soloist sings National Anthem, draws cheers
A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.
Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.
The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.
The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.
“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.
Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22
A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.
Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.
“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.
Virginia
Two gay candidates running in ‘firehouse’ Va. House of Delegates primary in Alexandria
Kirk McPike, Gregory Darrall hope to succeed delegate vying for Ebbin’s seat
Gay Alexandria City Council member Kirk McPike and gay public school teacher Gregory Darrall, who serves as vice president of the Fairfax County Federation of Teachers, are among four candidates running in a Jan. 20 “firehouse” Democratic primary for a seat in the Virginia House of Delegates.
With less than a week’s notice, Democratic Party officials in Alexandria called the primary to select a Democratic nominee to run in a Feb. 10 special election to fill the 5th House District seat being vacated by state Del. Elizabeth Bennett-Parker (D-Alexandria).
Bennett-Parker won the Democratic nomination for the Virginia Senate seat being vacated by gay state Sen. Adam Ebbin (D-Alexandria), who is resigning from the seat to take a position in the administration of Democratic Virginia Gov. Abigail Spanberger, who took office on Jan. 17.
Bennett-Parker won the nomination for the state Senate seat in yet another firehouse primary on Jan. 13 in which she defeated three other candidates, including gay former state Del. Mark Levine.
The Jan. 20 primary in which McPike and Darrall are competing will take place from 8:30 a.m. to 7 p.m. in two polling places in Alexandria: the Charles E. Beatley Jr. Central Library at 5005 Duke St. and the Charles Houston Recreation Center at 901 Wythe St.
The other two candidates running are former Alexandria City School Board member Eileen Cassidy Rivera and criminal law defense attorney Chris Leibig.
McPike, who first won election to the Alexandria City Council in 2021, served for 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) prior to winning election to the Alexandria City Council.
“Now, Kirk is ready to bring his experience to Richmond to keep improving the lives of all Virginians as our delegate for House District 5,” his campaign website says. His website writeup says he and his husband, Cantor Jason Kaufman, have lived in Alexandria’s Seminary Hill neighborhood for 15 years.
“As delegate, we can count on Kirk to keep delivering for us — helping Virginia maintain our commitments to our schools, our first responders, and our efforts to address climate change, housing affordability, and infrastructure,” the website statement says.
McPike, a longtime LGBTQ rights supporter and advocate, has been endorsed by Ebbin and U.S. Rep. Don Beyer (D-Va.). Beyer said in a statement that McPike “has a proven track record of delivering results for Alexandrians.” The LGBTQ+ Victory Fund, which raises money for LGBTQ candidates running for public office, has also endorsed McPike.
Darrall’s campaign website says he is a “proud progressive, lifelong educator, and labor leader running to put people first.” It says he is a political newcomer “with more than 20 years in the classroom” as a teacher who played a key role in the successful unionization of Fairfax Public Schools.
“He is a proud member and staunch supporter of the LGBTQIA+ community,” his website statement says. It says he met his husband Jose while living in Miami and the two operated a small business in South Florida for a decade before moving to Alexandria in 2015. It adds that Darrall is “fluent in Spanish, loves walking Alexandria’s neighborhoods, and is driven by a deep belief in fairness, equality, and strengthening our democracy from the ground up.”
The Alexandria Republican City Committee nominated local business executive Mason Butler as the Republican nominee for the House of Delegates seat in the Feb. 10 special election after he emerged as the only GOP candidate running for the seat, according to the Alexandria Brief publication. He will face the Democratic winner in the Jan. 20 firehouse primary.
“As Delegate for House District 5, I will be a fierce advocate for LGBT equality in the Virginia General Assembly,” Rivera stated. She praised Spanberger for signing an LGBTQ-supportive executive order on her first day in office.
Rivera added, “I will fight alongside her to restore and enforce the Virginia Values Act, advance marriage equality, and ensure robust nondiscrimination protections in housing, employment, healthcare, and public accommodations.”
In his own statement, Leibig said, “I am as strong a supporter for LGBTQ rights as you can get.” Noting his role as a defense attorney specializing in criminal law, he added, “I regularly get calls from outside the commonwealth about defending trans people in situations where they are being treated terribly.”
He noted he was among the attorneys working on the first lawsuit against the Bureau of Prisons in support of “gender reaffirming surgery for an inmate.” He said he represented transgender former U.S. Army soldier Chelsea Manning in 2019 and was among those advocating for improved conditions for trans people in prisons.
“People of this community can count on me to support this community,” he said in referring to the LGBTQ community.
The Washington Blade couldn’t immediately reach GOP candidate Butler, who is running in the Feb. 10 special election but not in the Jan. 20 firehouse primary.
Abigail Spanberger was sworn in as the 75th governor of Virginia at a ceremony on the grounds of the Virginia State Capitol on Saturday. Thousands of spectators watched the swearing-in ceremony and parade, despite the rain and temperatures in the low 40s.
Spanberger, a member of the Democratic Party and an LGBTQ ally, became the first woman to be Virginia’s governor.
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Newly-elected Attorney General Jay Jones, Lt. Gov. Ghazala Hashmi, and Spanberger were each administered the oath of office in the public ceremony.
Republican former Gov. Glenn Youngkin left the ceremony shortly after the oath of office was administered to Spanberger and before the inaugural address.
In her speech, the new governor made an appeal to bipartisanship and looking past division in our current moment.
“To my friends in the General Assembly — on both sides of the aisle — I look forward to working with you,” said Spanberger. “I know what it means to represent your constituents, to work hard for your district, and to pursue policies you believe in. We will not agree on everything, but I speak from personal experience when I say that we do not have to see eye-to-eye on every issue in order to stand shoulder-to-shoulder on others.”
Spanberger acknowledged Virginians’ frustrations with federal layoffs and governmental policy.
“I know many of you are worried about the recklessness coming out of Washington. You are worried about policies that are hurting our communities — cutting healthcare access, imperiling rural hospitals, and driving up costs,” said Spanberger. “You are worried about Washington policies that are closing off markets, hurting innovation and private industry, and attacking those who have devoted their lives to public service.”
Spanberger alluded to the Trump administration, though never mentioned President Donald Trump’s name in her remarks.
Spanberger said, “you are worried about an administration that is gilding buildings while schools crumble, breaking the social safety net, and sowing fear across our communities, betraying the values of who we are as Americans, the very values we celebrate here on these steps.”
The new governor then spoke of her priorities in office, pledging to tackle housing affordability by working to “cut red tape” and increase housing supply. Spanberger also spoke of forestalling an impending healthcare crisis by protecting access and cracking down on “middlemen who are driving up drug prices.”
Spanberger spoke of investments in education at every level, standing up for workers (including the large number of federal workers in Virginia), and taking action on gun violence.
Virginia married couple Mary Townley and Carol Schall witnessed the inauguration ceremony from the stands set up on the grounds of the Capitol. Schall and Townley are one of the plaintiff couples in the case that challenged the Virginia constitutional ban on same-sex marriage.
Same-sex marriage became legal in Virginia in 2014.
“We are delighted with the inauguration of Abigail Spanberger as governor of Virginia,” Schall told the Washington Blade. “The celebration of her inauguration was full of the beautiful diversity that is Virginia. The Virginia Pride contingent was included as a part of what makes Virginia a great place to live.”
“Such an honor to attend such a wonderful event in Virginia history,” Townley told the Blade. “The weather before the Inauguration was cold and rainy, but I believe it represented the end of a dreary time and it ushered in the dry and sunny weather by the end of the inaugural parade. Madam Governor brought us to the light!”
The inaugural parade following the governor’s remarks included a contingent from Diversity Richmond and Virginia Pride. Marchers in the LGBTQ contingent carried a giant Progress Pride flag and were met with loud cheers from the gathered spectators.
Spanberger after her inauguration signed 10 executive orders. One of them bans discrimination against state employees based on sexual orientation, gender identity, and other factors.
“By virtue of the authority vested in me as Governor under Article V of the Constitution of
Virginia, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to ensure equal opportunity in all facets of state government,” reads the executive order. “The foundational tenet of this executive order is premised upon a steadfast commitment to foster a culture of inclusion, diversity, and mutual respect for all Virginians.”
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