Local
D.C. files Supreme Court brief defending marriage
D.C. Attorney General Peter Nickles and other city attorneys have urged the U.S. Supreme Court not to take a case filed by a local minister seeking to overturn the city’s same-sex marriage law.
In a 35-page legal brief filed Dec. 17, the city attorneys argue that the D.C. Court of Appeals ruled correctly earlier this year that the District has authority to prohibit a voter initiative or referendum seeking to overturn the Religious Freedom and Marriage Equality Amendment Act of 2009.
“This case is not important enough to merit review” by the Supreme Court because it “lacks national importance as it is confined in effect to the District,” Nickles and the other attorneys said in their brief.
The case, known as Jackson v. the D.C. Board of Elections and Ethics, was initiated by Bishop Harry Jackson and other local opponents of same-sex marriage earlier this year.
The city filed its brief on the last day such a brief could be filed under Supreme Court rules.
Jackson and his allies are seeking to overturn separate rulings by the city’s election board and the D.C. Superior Court and Court of Appeals that the District’s initiative and referendum law doesn’t allow ballot measures that would have the effect of violating the city’s Human Rights Act. The act, among other things, bans discrimination based on sexual orientation.
Most legal observers say the Supreme Court traditionally defers to state appeals courts –- including the D.C. Court of Appeals — in matters that don’t have national implications. The observers, including local gay rights attorney Mark Levine, have said the high court would be violating its own precedent and possibly showing a sign of bias against same-sex marriage should it rule in favor of Jackson’s petition.
The city’s brief also seeks to refute a claim by Jackson’s attorneys that the Supreme Court can take on a case without national significance if the lower court ruling is reached through an “egregious error.”
“In fact, the appeals court decision is correct” and the “egregious error” argument doesn’t apply, Nickles and his team of city lawyers argue in the brief.
Jackson’s petition to the high court, known as a Petition for a Writ of Certiorari,” calls for the court to take on the case and involves a decision by the nine justices to accept or reject that request. Should they accept the case, the justices would then review it on its merits through oral and written arguments and issue a separate ruling.
Arthur Spitzer, legal director of the ACLU’s D.C. area office, said the Supreme Court is likely to decide whether to accept or reject the Jackson case in January.
District of Columbia
Gay man found unconscious near D.C. gay bar dies
Police release video of suspects in incident listed as robbery
D.C. police have confirmed that a gay man who worked as a hairstylist and a DJ and who was found unconscious about 5 a.m. Sunday, Oct. 27, at the intersection of 5th and T Streets, N.W. near the gay bar Uproar has died.
Friends who knew the victim, Bryan Smith, stated in a GoFundMe message seeking support for his medical expenses that he was hospitalized for a severe head injury. His family members told Fox 5 News that he was in a coma.
A D.C. police spokesperson confirmed that Smith died on Nov. 7 and the cause and circumstances surrounding his death were pending with the Northern Virginia Medical Examiner’s Office. “Once we have more information, we’ll be putting that out,” D.C. police spokesperson Thomas Lynch told the Washington Blade.
The information released by D.C police indicates Smith at some point was transferred from a D.C. hospital where he was taken by ambulance at the time he was found unconscious to a Virginia hospital, most likely at the request of family members.
Police also released a video showing two suspects and a vehicle they believe the suspects used in committing the robbery of Smith.
“The ongoing investigation has determined that the man was robbed by two suspects while walking on the block,” according to an Oct. 30 police statement released before Smith died. “Detectives are still working to determine how the victim sustained his injuries,” the statement says.
The statement adds that the suspects have been linked to three other offenses that took place that same morning, two of which were attempted robberies and one of which was a robbery of victims on nearby streets.
Smith was found unconscious on Oct. 27 about five hours after another gay man, Sebastian Thomas Robles Lascarra, 22, was reportedly attacked and beaten by as many as 15 men and women at the McDonald’s restaurant at 14th and U Street, N.W., according to a D.C. police report and information provided by Lascarra’s husband.
D.C. police announced they made an arrest Nov. 5 of a 16-year-old juvenile male in connection with the McDonald’s case. The arrest came on the same day police released photos of seven suspects in the McDonald’s assault case taken from video cameras at or near the McDonald’s.
In their release of the video showing the two suspects in the Smith case, police are asking that anyone who may recognize the two individuals should contact police at 202-727-9099 or text their tip to the department’s TEXT TIP Line at 50411.
“Anyone who may have seen or heard something suspicious in the 500 block of T Street, NW, or the surrounding area around 5:00 a.m. Sunday [Oct. 27] is asked to call the police or text police,” the statement accompanying the release of the police video says.
Local
Comings & Goings
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Rehoboth Beach artist Gary Fisher who will be exhibiting at Aqua Art Miami, during Art Basel week, Dec. 4 – 8, 2024, with Nepenthe Gallery, booth #226. Fisher says these days he creates primarily in his studio and surrounding gardens in Rehoboth Beach, Del. Prior to that he had a studio on 14th Street, N.W., in D.C. He says he found painting, his passion, in mid-life, after a career as a natural resource and environmental attorney. He got active as a participant in the local art scene in D.C. as a founding member of the Mid-City Artists Group and created and managed the Gallery in Results the Gym, on Capitol Hill. He also served as the Managing Art Director for the American Society of Interior Designers (ASID), and is now an active member of the Rehoboth Art League.
Fisher paints in oils and his artwork ranges from the textural abstract landscape work that has been the focus of his major recent work, to brilliantly colored still life, figurative paintings and recently he has had an interest in small plein-air paintings inspired from the poppy fields of Provence, and his own beautiful gardens in Rehoboth.
He talks about his art as an expression of the “beauty I see all around me, particularly the coastal environment with its beautiful sunrises and sunsets reflecting off the wetlands and bays of Delaware, the gardens around my studio, or the amazing places I travel on my active biking, hiking, and painting trips.”
Baltimore
5 more Salisbury students charged after man said he was lured to apartment attack
Suspects allegedly targeted victim on Grindr
By CODY BOTELER | Five more Salisbury University students have been charged in an alleged attack where a man said he was lured into an apartment and punched, kicked, and spat on because of his “sexual preferences,” the Salisbury Police Department said Thursday afternoon.
The latest charges come after seven students were arrested earlier in the week, in an incident law enforcement officials are investigating as a hate crime.
The rest of this article can be read on the Baltimore Banner’s website.
-
Politics4 days ago
A message from organizations committed to advancing LGBTQ freedom beyond the 2024 elections
-
Politics4 days ago
Kamala Harris addresses country after Trump victory
-
Politics4 days ago
LGBTQ voters moved away from Trump as other Americans embraced him
-
Politics4 days ago
Aime Wichtendahl becomes Iowa’s first trans legislator