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
Blade editor to be inducted into D.C. Society of Professional Journalists Hall of Fame
Kevin Naff marks 24 years with publication this year
Longtime Washington Blade Editor Kevin Naff will be inducted into D.C.’s Society of Professional Journalists Hall of Fame in June, the group announced this week.
Hall of Fame honorees are chosen by the Society of Professional Journalists’ Washington, D.C., Pro Chapter. Naff and two other inductees — Seth Borenstein, a Washington-based national science writer for the AP and Cheryl W. Thompson, an award-winning correspondent for National Public Radio — will be celebrated at the chapter’s Dateline Awards dinner on Tuesday, June 9, at the National Press Club. The dinner’s emcee will be Kojo Nnamdi, host of WAMU radio’s weekly “Politics Hour.”
“I am tremendously honored by this recognition,” Naff said. “I have spent a lifetime in the D.C. area learning from so many talented journalists and am humbled to be considered in their company. Thank you to SPJ and to all the LGBTQ pioneers who came before me who made this possible.”
Naff joined the Blade in 2002 after years in print and digital journalism. He worked as a financial reporter for Reuters in New York before moving to Baltimore in 1996 to launch the Baltimore Sun’s website. He spent four years at the Sun before leaving for an internet startup and later joining the mobile data group at Verizon Wireless working on the first generation of mobile apps.
He then moved to the Blade and has served as the publication’s longest-tenured editor. In 2023, Naff published his first book, “How We Won the War for LGBTQ Equality — And How Our Enemies Could Take It All Away.”
Previous Hall of Fame inductees include luminaries in journalism like Wolf Blitzer, Benjamin Bradlee, Bob Woodward, Andrea Mitchell, and Edgar Allen Poe. The Blade’s senior news reporter Lou Chibbaro Jr. was inducted in 2015.
Maryland
Supreme Court ruling against conversion therapy bans could affect Md. law
Then-Gov. Larry Hogan signed statute in 2018
By PAMELA WOOD, JOHN-JOHN WILLIAMS IV, and MADELEINE O’NEILL | The U.S. Supreme Court on Tuesday ruled against a law banning “conversion therapy” for LGBTQ kids in Colorado, a ruling that also could apply to Maryland’s ban on the discredited practice.
An 8-1 high court majority sided with a Christian counselor who argues the law banning talk therapy violates the First Amendment. The justices agreed that the law raises free speech concerns and sent it back to a lower court to decide whether it meets a legal standard that few laws pass.
Justice Neil Gorsuch, writing for the court’s majority, said the law “censors speech based on viewpoint.” The First Amendment, he wrote, “stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”
The rest of this article can be read on the Baltimore Banner’s website.
District of Columbia
As mayor’s race takes shape, candidates endorse LGBTQ equality
Like nearly all recent D.C. elections, LGBTQ voters will be choosing a candidate for mayor in 2026 from a list of mostly strong LGBTQ rights supporters in the city’s June 16 primary.
As of March 30, the D.C. Board of Elections’ list of candidates who submitted the required number of petition signatures for the June 16 primary ballot included 10 mayoral candidates: nine Democrats and one Statehood Green Party candidate.
Among those candidates, six, all Democrats, have issued statements expressing strong support for LGBTQ rights, including the two leading Democratic contenders, former D.C. Council member Kenyan McDuffie and current Council member Janeese Lewis George, who represents Ward 4.
One of the lesser-known Democratic candidates who released an LGBTQ supportive statement, Rini Sampath, a cyber security consultant, told the Washington Blade she identifies as queer, becoming one of the first known LGBTQ D.C. mayoral candidates to gain access to a major party primary ballot.
“We’re living in an extremely diverse community, an extremely unique community,” she told the Blade. “And being able to self-label, self-identify as queer is something that I just want to take pride in.”
Similar to McDuffie and Lewis George, Sampath released statements to the Blade and the Capital Stonewall Democrats, the city’s largest LGBTQ local political group, expressing support for LGBTQ rights and outlining plans for LGBTQ supportive policies if elected mayor.
Although many D.C. LGBTQ activists have said they have yet to decide whom to support for mayor, those who have decided appear to be divided between McDuffie and Lewis George. Most D.C. political observers consider McDuffie and Lewis George to be the two leading candidates in the mayoral race.
The other Democratic mayoral contenders who have released statements expressing support on LGBTQ issues include Gary Goodweather, a local real estate manager and developer who has been actively campaigning at LGBTQ events; Vincent Orange, a former At-Large and Ward 5 D.C. Council member; and Kathy Henderson, a longtime Ward 5 community activist and elected Advisory Neighborhood Commissioner.
The remaining two Democratic mayoral candidates, Hope Solomon, a former U.S. Department of Homeland Security contractor and Dupont Circle civic activist; and Ernest Johnson, a real estate broker and Ward 1 community activist, did not respond to inquiries from the Blade and Capital Stonewall Democrats seeking information about their position on LGBTQ related issues.
Robert Gross, the Statehood Green Party candidate who is running unopposed in the June 16 primary, also didn’t respond to inquires from the Blade about his position on LGBTQ issues.
D.C. Board of Elections records show that at least five Republican candidates filed papers to run for mayor in the June 16 GOP primary, but none of them remained as candidates as of March 30, when the election board issued its updated candidate list.
Just one of the five Republican candidates replied to an email message from the Washington Blade sent to all mayoral candidates in early March seeking their position on LGBTQ issues. That candidate, Esa Muhammad, whose website identifies him as an engineer, consultant, and local business owner, sent a reply expressing opposition to LGBTQ rights.
“Unfortunately, I do not support LGBTQ because The God only created 2 genders (Adam/Eve),” he wrote. “Anyway, I will be fair to you all despite your sick way of looking at life,” he stated.
Capital Stonewall Democrats President Stevie McCarty said his group sent questionnaires to all the Democratic mayoral candidates as well as to Democrats running for other offices such as D.C. Council. Information posted on the group’s website shows only four of the mayoral candidates returned a complete questionnaire: McDuffie, Lewis George, Goodweather, and Sampath.
Each of them provides detailed information of their plans for supporting LGBTQ policies if elected and their record of support on LGBTQ issues. McCarty said the questionnaire responses for all candidates that submitted them can be accessed at outvotedc.org.
He said Capital Stonewall Democrats will hold virtual LGBTQ forums in April, including a mayoral forum on April 8. He said the group’s members will vote on the candidate endorsements online from April 20 through May 11, and the group expects to announce its endorsements May 14.
GLAA DC, formerly known as the Gay and Lesbian Activists Alliance of Washington, has issued candidate ratings for most D.C. elections since the 1970s, and the nonpartisan LGBTQ group was expected to issue ratings for mayoral candidates this year. But like in recent years, the group is expected to base its ratings on mostly non-LGBTQ issues, with a progressive, left-leaning perspective, according to a nine-page “Back to Basics GLAA Policy Brief 2026” that the group released in March.
The LGBTQ activists who are backing McDuffie or Lewis George appear to be gravitating to the two based on their political leanings separate from LGBTQ issues, just like voters in general. Lewis George, who identifies as a democratic socialist, is popular among LGBTQ and non-LGBTQ “progressives.”
McDuffie, who is seen as a more moderate candidate along the lines of current D.C. Mayor Muriel Bowser, is being supported by LGBTQ activists who hold those views, some of whom currently work in the Bowser administration.
Among Lewis George’s LGBTQ supporters are longtime Ward 8 community leader Philip Pannell and former Capital Stonewall Democrats president Howard Garrett. Among the LGBTQ McDuffie backers are longtime D.C. Democratic activists John Fanning and David Meadows.
Longtime D.C. LGBTQ Democratic Party activist Peter Rosenstein, who is supporting McDuffie, has raised concerns about Lewis George’s backing by the national group Democratic Socialists of America. In Facebook postings, Rosenstein points to the Democratic Socialists of America’s opposition to Israel as a country and said it is viewed by many in the Jewish community as promoting antisemitism. He has criticized Lewis George for not speaking out against that and for accepting the DSA’s endorsement.
In an interview with the Blade, Lewis George strongly disputed that assessment, saying she has been a strong ally and supporter of the Jewish community.
“I’m a member of the Metro DSA here in D.C. that I work with to fight for labor and for tenant rights,” she said. “I’m also a member of the Democratic Party,” she added, saying, “There are things that the Democratic Party does that I don’t agree with. There are things that the national DSA does that I don’t agree with. That’s a group that I work with.”
“But I want to be clear that I am running for mayor to represent all of our community, and that includes our amazing and historical Jewish community here in D.C.,” she said. “I have had the amazing opportunity to spend time at synagogues and talking to Jewish leaders and groups and institutions. And so, there should be no worry here.”
Following are short excerpts from the detailed statements five of the nine Democratic mayoral candidates submitted to the Capital Stonewall Democrats or the Washington Blade.
Kenyan McDuffie: “As mayor, every piece of legislation I sign, craft, or endorse should also encompass the interest and input of the LGBTQ community members and advocates…From housing to health care and everything in between… We have a dire crisis regarding the rise in homelessness especially among the youth in our LGBTQ communities. In my administration that simply cannot be the status quo and will not be…I have been a consistent champion for our LGBTQ community and will remain so as Mayor of D.C.’
Janeese Lewis George: “As mayor, I will protect our LGBTQ+ neighbors against federal attacks on their identity, including their health care…On the Council I have been a strong supporter of pro-LGBTQ+ bills, including making D.C. a sanctuary for people seeking gender-affirming health care as well as addressing discrimination and harassment in nightlife and hospitality…And as mayor, I am prepared to move up and win those fights – a fight for D.C. statehood, a fight for our true economy, and a real opportunity to uplift our Black queer and trans youth.”
Gary Goodweather: “A Goodweather administration will defend every D.C. law protecting LGBTQ residents. I will establish a Defend DC office to coordinate the District’s legal and public response to federal overreach, with LGBTQ+ protections explicitly within its mandate…My affordable D.C. plan will produce 50,000 new homes with 36,000 affordable units, and I will ensure LGBTQ+ youth housing programs are funded as a budget priority.”
Rini Sampath: “I am an immigrant, proud queer woman, and a 10-year resident of Washington, D.C…For me, LGBTQ+ voters including transgender and nonbinary residents, are not a separate or symbolic constituency; they are a core part of a broader, multiracial, cross-ward coalition rooted in in equity and opportunity.”
Vincent Orange: “I have a long and consistent record of supporting LGBTQ+ equality and inclusion in the District of Columbia, grounded in both policy and personal commitment. As the District’s Democratic Committeeman from 2006 to 2015, I publicly supported marriage equality and voted accordingly … During my time on the D.C. Council, I worked to advance protections for LGBTQ+ residents, including authoring and passing legislation to prohibit discrimination against transgender individuals in the workplace.”
Kathy Henderson: Kathy Henderson has maintained a consistent record of treating all members of the community with dignity, compassion, and respect, regardless of gender, race, ethnicity, sexual orientation, identity, political party, national origin, or ideology. Kathy Henderson embraced the late Wanda Alston as a colleague and good friend…Alston was the first director of the Mayor’s Office of LGBTQ Affairs and Henderson helped to organize and facilitate the first LGBTQ citizens summit.”
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