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Marriage, trans bills get boost in Md. House

Valentine’s Day picked for lobbying on both measures

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The same-sex marriage and transgender non-discrimination bills pending in the Maryland legislature cleared another hurdle last week when the speaker of the House of Delegates appointed a majority of supporters of the two bills to the committees that must first approve them.

House Speaker Michael Busch (D-Anne Arundel County) had been expected to retain a majority on the House Judiciary Committee in favor of the marriage equality bill as he has in past years, and did so again on Dec. 29.

But officials with Equality Maryland, the statewide LGBT advocacy organization, were less certain about the makeup of the House Committee on Health and Government Operations. That panel has jurisdiction over a pending bill that would ban employment discrimination based on gender identity and expression, which would protect transgender people. In past years, the panel has not taken a vote on the transgender bill.

Equality Maryland Executive Director Morgan Meneses-Sheets said the group was delighted with Busch’s decision on Dec. 29 to also name at least 13 supporters of the transgender measure to the 23-member Health and Government Operations Committee. The action ensures that the bill will be reported out of committee for an up or down vote in the House of Delegates.

In early December, a majority of pro-marriage equality members were named to the Maryland Senate’s Judicial Proceedings Committee, ensuring for the first time that a same-sex marriage measure would clear that key panel and reach the Senate floor for a vote. Up until now, the Judicial Proceedings Committee has blocked the marriage bill from coming to a floor vote.

“We want to move the marriage bill first in the Senate and the gender identity bill first in the House,” Meneses-Sheets said in discussing the timetable planned for the bills among a coalition of supporters.

She said further refinement of the timetable for moving both measures was to be discussed Wednesday in a conference call between Equality Maryland officials and all seven members of the legislature’s gay and lesbian caucus.

Similar to past years, Meneses-Sheets and others advocating for the two bills believe there appear to be enough votes to pass the marriage bill in the House. Supporters in the Senate believe they have the 24 votes needed to pass the marriage bill on an up or down vote but were less certain over whether they have the 29 votes needed to stop an expected filibuster by same-sex marriage opponents.

“The question is whether we can get cloture to break a filibuster,” said Sen. Jamie Raskin (D-Montgomery County), who supports both the marriage equality and transgender non-discrimination bills.

“That’s the mystery at this point,” he said.

Raskin said he was not familiar enough with the positions of his colleagues on the transgender bill to predict its outcome other than to say he sees support growing for that measure.

Sen. Richard Madaleno (D-Montgomery County), who is gay, said on Wednesday he’s more confident in the prospects for the marriage bill.

“I have never been so optimistic about getting this done,” he said. “Today at lunch I sat quietly by myself with a list of the members of the new Senate going over again and again in my head where the votes are, and I’m feeling really good right now both for the floor vote and the cloture vote.”

Madaleno is among seven out gays and lesbians now serving in the Maryland legislature — one in the Senate and six in the House — who said they will push hard from the inside to pass both the marriage and transgender rights bill.

Meneses-Sheets said Equality Maryland has scheduled a lobby day for Feb. 14 on Valentine’s Day, where the group hopes large numbers of LGBT Marylanders and their straight supporters will come to the state capital in Annapolis to push for both bills.

She said the group is inviting LGBT people to bring family members with them to the all-day lobbying event, with the intention that they visit the offices of members of the Senate and House of Delegates from all parts of the state.

“We’re so close that it will take just a handful of votes to push this through,” she said of the marriage bill. “The electorate is with us on this. The young voters are with us on this issue.”

Concerning the transgender bill, she said its prospects “look good on the floor of the House” but “there may be challenges” in the Senate.

Among the challenges, she noted, are arguments by opponents that a transgender non-discrimination measure would enable men dressed as women to harass women in women’s bathrooms in public places.

Transgender activists have disputed the so-called “bathroom” argument, which usually surfaces when transgender non-discrimination legislation is introduced.

Mara Keisling, executive director of the National Center for Transgender Equality, has said no reports of women being targeted in bathrooms have surfaced in any of the states, cities or counties where transgender non-discrimination laws have been adopted.

“It’s a myth,” she said.

“We need to persuade people that you should be judged on the merits when it comes to your job,” said Meneses-Sheets. “It’s an economic issue.”

She said Equality Maryland is bringing on three more full-time staff members to work on the two bills beginning Jan. 12, when the Maryland General Assembly opens its 2011 session.

The session lasts for just 90 days, a development that LGBT activists say gives them only until April 11 to secure the passage of the marriage and transgender rights measures.

“We have a lot of work to do in a short time,” said Meneses-Sheets.

Madaleno said that under the longstanding practice in the General Assembly, nearly all important or controversial bills don’t come to a final vote until the last two or three weeks of the session in April.

A late passage of both the marriage and transgender rights bill would make it more difficult for opponents to collect the required signatures for a referendum to kill the bills. Nearly all observers of the General Assembly expect opponents to take out petitions to call a referendum, which would stop the bills from taking effect until after voters decide on the issue — assuming the required number of petitions is obtained.

Under the state constitution, one-third of the required number of petition signatures must be obtained by the end of May and the remainder of the signatures needed must be collected by the end of June. The gathering of petitions cannot begin until both houses of the General Assembly passes a bill being challenged. That means it would be to the advantage of supporters of the two bills to wait until the end of the session to pass them.

The number of signatures needed is three percent of the qualified voters in the state based on the total number of votes cast in the most recent election for governor.

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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