National
Supreme Court nears action on D.C. gay marriage case
City’s Human Rights Act was grounds for previous rejections of a ballot initiative
The U.S. Supreme Court could decide as soon as Tuesday whether or not to hear a case seeking to force the District of Columbia to allow voters to decide whether to repeal the cityās same-sex marriage law.
According to the courtās public docket, the nine justices scheduled a private conference among themselves for Friday to discuss the case known as Jackson v. the D.C. Board of Elections and Ethics. Under longstanding court rules, the justices usually announce a decision on whether to accept or reject a case on the Monday following such a conference.
āGenerally, if a case is considered at a conference, viewers can expect that the disposition of a case will be announced on an Orders List that will be released at 10 a.m. the following Monday,” the courtās website says.
A court spokesperson said because a federal holiday, Martin Luther King Day, falls on Monday, the court is expected to release its decision on the Jackson case on Tuesday.
Bishop Harry Jackson, pastor of a Beltsville, Md., Christian church, and other same-sex marriage opponents filed a petition with the Supreme Court Oct. 12 asking the court to consider hearing the case in a process known as a petition for a Writ of Certiorari. The case consists of their appeal of a lower court ruling that rejected their contention that the city must allow voters to decide the marriage question in a ballot initiative.
The D.C. Court of Appeals upheld the Board of Elections and Ethicsā decision to bar Jackson and his supporters from organizing a ballot initiative on grounds that, if approved, the initiative would violate the cityās Human Rights Act. The Human Rights Act bans discrimination based on sexual orientation.
Jackson and his attorneys argue that the city did not have the authority to ban ballot measures that impact the Human Rights Act because only Congress could make such a change by amending the cityās Home Rule Charter. Gay rights attorneys have joined city attorneys in disputing that contention, claiming the city acted within the scope of the Home Rule charter in the 1970s when it put in place restrictions on certain ballot measures.
City attorneys defended those restrictions in a brief submitted before the Supreme Court on Dec. 17. The attorneys, among other things, argued that the case involves a local matter pertaining to the cityās initiative and referendum law. They noted that the high court has a longstanding precedent of deferring to state or D.C. appeals courts on cases that donāt have a national impact.
If the Supreme Court rejects Jacksonās request to take on the case, the D.C. Court of Appeals decision remains in force to permanently prevent a ballot measure on the same-sex marriage law.
If it accepts the case, it would become the first time the Supreme Court addresses a same-sex marriage-related issue. But the case would not address marriage itself or whether same-sex marriage is protected under the constitution ā only the question of whether D.C. voters should be allowed to decide the issue through a ballot measure.
Arthur Spitzer, legal director of the ACLUās D.C. area office, said itās possible that the court wonāt issue a decision on the Jackson case on Tuesday.
āIf thereās no order that day, thatās also significant, meaning either that the justices were not able to decide in their first discussion, or that someone is writing a dissent from denial,ā he said.
He was referring to a decision denying Jacksonās request that the court take the case.
National
Detroit teen arrested in fatal stabbing of gay man
Prosecutor says defendant targeted victim from online dating app
A 17-year-old Detroit man has been charged with first-degree murder for the Sept. 24 stabbing death of a 64-year-old gay man that prosecutors say he met through an online dating app.
A statement released by the Wayne County, Mich., Prosecutorās Office says Ahmed Al-Alikhan allegedly fatally stabbed Howard Brisendine inside Brisendineās home in Detroit before he allegedly took the victimās car keys and stole the car.
The statement says police arrived on the scene about 4:04 p.m. on Sept. 29 after receiving a call about a deceased person found in their home. Upon arrival police found Brisentine deceased in his living room suffering from multiple stab wounds, the statement says.
āIt is alleged that the defendant targeted the victim on an online dating app because he was a member of the LGBTQ community,ā according to the prosecutorās statement.
āIt is further alleged that on Sept. 24, 2024, at the victimās residence in the 6000 block of Minock Street in Detroit, the defendant stabbed the victim multiple times, fatally injuring him, before taking the victimās car keys and fleeing the scene in his vehicle,ā it says.
It further states that Al-Alikhan was first taken into custody by police in Dearborn, Mich., and later turned over to the Detroit police on Oct. 1. The statement doesn’t say how police learned that Al-Alikhan was the suspected perpetrator.
In addition to first-degree murder, Al-Alikhan has been charged with felony murder and unlawful driving away in an automobile.
āIt is hard to fathom a more planned series of events in this case,ā prosecutor Kym Worthy said in the statement. āUnfortunately, the set of alleged facts are far too common in the LGBTQ community,ā Worthy said. āWe will bring justice to Mr. Brisendine. The defendant is 17 years and 11 months old ā mere weeks away from being an adult offender under the law.ā
She added, āAs a result of that and the heinous nature of this crime, we will seek to try him as an adult.ā
A spokesperson for the prosecutorās office said the office has not designated the incident as a hate crime, but said regardless of that designation, a conviction of first-degree murder could result in a sentence of life in prison. The spokesperson, Maria Lewis, said the prosecutorās office was not initially disclosing the name of the dating app through which the two men met, but said that would be disclosed in court as the case proceeds.
The NBC affiliate station in Detroit, WDIV TV, reported that Brisendine was found deceased by Luis Mandujano, who lives near where Brisendine lived and who owns the Detroit gay bar Gigās, where Brisendine worked as a doorman. The NBC station report says Mandujano said he went to Brisendineās house on Sept. 29 after Brisendine did not show up for work and his car was not at his house.
Mandujano, who is organizing a GoFundMe fundraising effort for Brisendine, states in his message on the GoFundMe site that Brisendine worked as a beloved doorman at Gigiās bar.
āWe will do what we can to honor Howardās life as we put him to rest,ā Mandujano states in his GoFundMe message. āHe left the material world in a volatile manner at the hand of a monster that took his life for being gay. Letās not allow hate to win!ā
In response to a Facebook message from the Washington Blade, a spokesperson for Gigiās said the money raised from the GoFundMe effort will be used for Brisendineās funeral expenses and his āremaining bills.ā The spokesperson, who didnāt disclose their name, added, āAny leftover money will be donated to local LGBTQ nonprofit groups to combat hate.ā
The GoFundMe site can be accessed here.
The White House
Karine Jean-Pierre becomes Biden’s fourth openly LGBTQ senior adviser
Press secretary’s promotion was reported on Monday
Following White House Press Secretary Karine Jean-Pierre’s promotion to a top role on Monday, four of the 10 officials serving as senior advisers to President Joe Biden are openly LGBTQ.
The other LGBTQ members of the president’s innermost circle are White House Communications Director Ben LaBolt, senior adviser to first lady Jill Biden Anthony Bernal, and White House Director of Political Strategy and Outreach Emmy Ruiz.
Jean-Pierre became the first Black and the first LGBTQ White House press secretary in May 2022. She spoke with the Washington Blade for an exclusive interview last spring, shortly before the two-year anniversary of her appointment to that position.
“Jill and I have known and respected Karine a long time and she will be a strong voice speaking for me and this Administration,” Biden said in 2022 when announcing her as press secretary.
Breaking the news of Jean-Pierre’s promotion on Monday, ABC noted the power and influence of the White House communications and press office, given that LaBolt was appointed in August to succeed Anita Dunn when she left her role as senior adviser to the president.
As press secretary, Jean-Pierre has consistently advocated for the LGBTQ community ā pushing back forcefully on anti-LGBTQ legislation and reaffirming the president and vice president’s commitments to expanding rights and protections.
U.S. Supreme Court
Supreme Court begins fall term with major gender affirming care case on the docket
Justices rule against Biden admin over emergency abortion question
The U.S. Supreme Court’s fall term began on Monday with major cases on the docket including U.S. v Skrmetti, which could decide the fate of 24 state laws banning the use of puberty blockers and hormone treatments for transgender minors.
First, however, the justices dealt another blow to the Biden-Harris administration and reproductive rights advocates by leaving in place a lower court order that blocked efforts by the federal government to allow hospitals to terminate pregnancies in medical emergencies.
The U.S. Department of Health and Human Services had issued a guidance instructing healthcare providers to offer abortions in such circumstances, per the federal Emergency Medical Treatment and Labor Act, which kicked off litigation over whether the law overrides state abortion restrictions.
The U.S. Court of appeals for the 5th Circuit had upheld a decision blocking the federal government from enforcing the law via the HHS guidance, and the U.S. Department of Justice subsequently asked the Supreme Court to intervene.
The justices also declined to hear a free speech case in which parents challenged a DOJ memo instructing officials to look into threats against public school officials, which sparked false claims that parents were being labeled “domestic terrorists” for raising objections at school board meetings over, especially, COVID policies and curricula and educational materials addressing matters of race, sexuality, and gender.
Looking to the cases ahead, U.S. v. Skrmetti is “obviously the blockbuster case of the term,” a Supreme Court practitioner and lecturer at the Harvard law school litigation clinic told NPR.
The attorney, Deepak Gupta, said the litigation “presents fundamental questions about the scope of state power to regulate medical care for minors, and the rights of parents to make medical decisions for your children.”
The ACLU, which represents parties in the case, argues that Tennessee’s gender affirming care ban violates the Equal Protection Clause of the 14th Amendment by allowing puberty blockers and hormone treatments for cisgender patients younger than 18 while prohibiting these interventions for their transgender counterparts.
The organization notes that “leading medical experts and organizations ā such as the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics ā oppose these restrictions, which have already forced thousands of families across the country to travel to maintain access to medical care or watch their child suffer without it.”
When passing their bans on gender affirming care, conservative states have cited the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), which overturned constitutional protections for abortion that were in place since Roe v. Wade was decided in 1973.
The ACLU notes “U.S. v. Skrmetti will be a major test of how far the court is willing to stretch Dobbs to allow states to ban other health care” including other types of reproductive care like IVF and birth control.
Also on the docket in the months ahead are cases that will decide core questions about the government’s ability to regulate “ghost guns,” firearms that are made with build-it-yourself kits available online, and the constitutionality of a Texas law requiring age verification to access pornography.
The latter case drew opposition from liberal and conservative groups that argue it will have a chilling effect on adults who, as NPR wrote, “would realistically fear extortion, identity theft and even tracking of their habits by the government and others.”
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