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Supreme Court rejects D.C. marriage challenge

Action ends effort to force ballot measure

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(Blade photo by Michael Key)

The U.S. Supreme Court issued an order today denying a request by a local minister to consider a case seeking to force the District of Columbia to allow voters to decide whether to repeal the city’s same-sex marriage law.

The order, which did not include any statement or opinion, ends the effort by Bishop Harry Jackson and other local opponents of same-sex marriage to go through the courts to impose a ballot measure calling for overturning the Religious Freedom and Civil Marriage Equality Amendment Act of 2009, which legalized same-sex marriage in the District.

None of the Supreme Court’s nine justices issued a dissent in their unanimous determination not to take the case.

“We are pleased that the Supreme Court turned down Bishop Jackson’s request for review of the Court of Appeals decision on marriage equality,” said Peter Rosenstein, president of the Campaign for All D.C. Families, the local group that campaigned for passage of the marriage equality law.

“This confirms our belief that what the D.C. Council did is both legal and just,” he said. “Equality will not be denied.”

Rosenstein was referring to a decision last October by the D.C. Court of Appeals that upheld an earlier ruling by the city’s Board of Elections and Ethics to reject a voter initiative proposed by Jackson and other same-sex marriage opponents calling for repealing the marriage equality law.

In the case known as Jackson v. the D.C. Board of Elections and Ethics, Jackson sought to force the city to hold a voter initiative that, if approved, would repeal the same-sex marriage law and replace it with a new law defining marriage in the District as a union only between a man and a woman.

The Court of Appeals decision stated that D.C. City Council acted within its authority under the city’s congressionally mandated Home Rule Charter when it imposed certain restrictions more than 30 years ago on the types of initiatives and referenda that could be placed on the ballot.

Among the restrictions adopted then was a ban on ballot measures that, if approved by voters, violate the non-discrimination provisions of the D.C. Human Rights Act. The act, among other things, bans discrimination based on sexual orientation.

Jackson and a team of lawyers representing him argued that Council violated the Home Rule Charter by adopting the ballot measure restrictions.

The Supreme Court today rejected Jackson’s request for a Petition for a Writ of Certiorari, which asked the court to hear the case to enable Jackson to appeal the ruling of the D.C. Court of Appeals. By denying that request, the Supreme Court allowed the Court of Appeals decision to permanently remain in effect.

“Today’s action by the Supreme Court makes abundantly clear that D.C.’s human rights protections are strong enough to withstand the hateful efforts by outside anti-LGBT groups to put people’s basic civil rights on the ballot,” said Joe Solmonese, president of Human Rights Campaign.

“For almost two years, the National Organization for Marriage and the Alliance Defense Fund, along with Bishop Harry Jackson, have fought a losing battle to shamelessly harm gay and lesbian couples in D.C. who seek nothing more than to share in the rights and responsibilities of marriage,” Solmonese said.

According to the Supreme Court’s public docket, the nine justices deliberated over whether to hear the Jackson case in a private conference held last Friday. Under longstanding court rules, the justices usually announce a decision on whether to accept or reject a case on the next business day following such a conference.

With the Supreme Court denying Jackson’s court challenge to the same-sex marriage law, marriage equality opponents are expected to take their fight back to Congress by resuming earlier requests for Congress to either overturn the D.C. marriage law or to impose a new law forcing the city hold a ballot measure to allow voters to decide the issue.

D.C. Council member Phil Mendelson (D-At-Large), who chairs the committee that shepherded the same-sex marriage law through the Council in 2009, said city voters have demonstrated through the city’s 2010 primary and general election that the marriage law was not a pressing issue for them.

He noted that despite promises by same-sex marriage opponents to work for the defeat of all Council members who voted for the marriage law, just a few candidates opposing the law surfaced in the elections and all of them lost by lopsided margins.

“They’ve lost in the courts, they lost overwhelmingly in the Council 12 to 1 [when the marriage bill came up for a vote in December 2009], and they lost at the ballot box,” he said. “Now they’ve lost their last chance, their last gasp in the judicial system.”

Jackson couldn’t be immediately reach for comment.

Rev. Anthony Evans, a D.C. minister who is working with Jackson to overturn the D.C. same-sex marriage law, called the Supreme Court’s refusal to hear the Jackson case “a travesty of justice.”

“This law was forced down the church’s throat and what the Supreme Court has set up is the greatest civil war between the church and the gay community,” Evans said. “And let me just state for the record, we don’t want that fight. We love our gay brothers and sisters. But if the Supreme Court is not going to acknowledge the fact that we have a right as religious people to have a say-so in the framework of religious ethics for our culture and society, then we reject the Supreme Court on this issue.”

Supporters of the same-sex marriage law have noted that large numbers of local religious leaders from all denominations, including black churches, came out in support of the law. Many have begun peforming same-sex marriages.

Evans, an official with the D.C.-based National Black Church Initiative, said local same-sex marriage opponents have began discussions with “our Republican friends” in Congress to take steps to challenge the D.C. marriage law. He declined to disclose further details but said he and others opposed to the marriage law lobbied GOP leaders on the Hill to strip congressional delegate Eleanor Holmes Norton (D-D.C.) of her voting privileges on the House floor.

Since Republicans took control of the House earlier this month, GOP leaders revoked Norton’s limited floor voting privileges that Democrats gave her when they took control of the House in 2007. House GOP leaders also revoked the limited voting privileges for delegates representing U.S. territories and Puerto Rico.

“[O]ur first action was to make sure that Eleanor didn’t get a vote as punishment for her wholehearted support for same-sex marriage in this city and also for her to ignore the black religious community,” Evans said. “There is a consequence to her actions. That was one of them.”

Norton, reached at her office late Wednesday, disputed Evans’ claim that same-sex marriage opponents played any role in her loss of House voting privileges.

“He can’t take credit for that. He had nothing to do with it,” she said. “I can tell you without fear of contradiction that our vote was taken this time in the same way it was taken last time — because the Republicans oppose voting rights for the District of Columbia, not because anybody in the District had any power to persuade them to do anything except what they want to do.”

Norton was referring to House Republican leaders’ decision to strip her of voting privileges when they gained control of the House in 1995. Democrats restored her voting privileges when they regained control of the House in 2007.

“But in any case, shame on any resident who wants the District of Columbia not to have a vote,” she said.

Norton said she expected some members of Congress to attempt to overturn the city’s same-sex marriage law through legislation, although she was hopeful that Democrats and moderate Republicans would join forces to defeat such legislation.

“I can tell you that I’ve had a good conversation with an important Republican who’s not interested,” she said, referring to efforts to overturn the D.C. marriage law. “That doesn’t mean that won’t happen. But there are Republicans here who would not like to get all mixed up with social issues.”

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District of Columbia

HIV Vaccine Awareness Day set for May 18

Whitman-Walker joins nationwide recognition of efforts to develop vaccine

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(Image courtesy of the NIH)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.

“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.

“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.

It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”

On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.  

“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.

A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.

“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.

“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”  

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District of Columbia

Capital Stonewall Democrats endorses Janeese Lewis George for D.C. mayor

Group also backed D.C. Council, Congressional delegate, AG candidates

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Janeese Lewis George (Washington Blade photo by Michael Key)

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization, announced on May 14 that it has endorsed D.C. Councilmember Janeese Lewis George (D-Ward 4) for mayor in the city’s June 16 Democratic primary.

Lewis George along with former D.C. Councilmember Kenyan McDuffie (D-At-Large) are considered by political observers to be the two leading candidates among the seven candidates competing in the Democratic primary election for mayor.

Both have strong, long-standing records of support on LGBTQ issues, indicating Capital Stonewall Democrats members, like LGBTQ voters across the city, are likely choosing a candidate based on non-LGBTQ related issues.

In a May 14 statement, the group announced its endorsements in seven other Democratic primary races, including D.C. Council Chair Phil Mendelson, who is running unopposed in the primary. Also endorsed is D.C. Councilmember Robert White (D-At-Large), who is one of five Democratic candidates competing for the position of D.C. delegate to the U.S. House of Representatives.

D.C. Councilmember Brooke Pinto (D-Ward 2) is among the four candidates competing with White for that post, and who like White has a strong record of support on LGBTQ issues.

In the At-Large D.C. Council race for which incumbent Anita Bonds is not running for re-election, Capital Stonewall Democrats has endorsed community activist and LGBTQ ally Oye Owolewa in a nine candidate race.    

For the Ward 1 D.C. Council election, in which five LGBTQ supportive candidates are competing, the group did not make an endorsement because none of the candidate received a required 60 percent of the endorsement vote cast by Capital Stonewall Democrats members, according to the group’s former president, Howard Garrett.   

The statement announcing its endorsements shows that it decided to list its “Preferred Ranking” of each of the Ward 1 Democratic candidates as part of the city’s newly implemented ranked choice voting system. It lists gay candidate Miguel Trindade Deramo as first, bisexual candidate Aparna Raj second, Jackie Reyes Yanes third, Rashida Brown fourth, and Terry Lynch fifth.

In the remaining ward Council races, Capital Stonewall Democrats endorsed Councilmember Matt Fruman (D-Ward 3), who is running unopposed for re-election; Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member who is being challenged by two opponents; and Councilmember Charles Allen (D-Ward 6), who is running unopposed for re-election.

The group also chose not to make an endorsement in the special election for another At-Large D.C. Council seat that became vacant when then-Independent Councilmember McDuffie resigned to enable him to run for mayor as a Democrat. Under the city’s Home Rule Charter adopted by Congress, that at large sweat is restricted to a “non-majority party” candidate, meaning a non-Democrat.

The three candidates running for the seat, all Independents, include incumbent Doni Crawford, who was appointed to the seat earlier this year; former D.C. Councilmember Elissa Silverman; and Jacque Patterson. All three have expressed support on LGBTQ related issues.

“The organization’s endorsement process included candidate questionnaires, public forums, and direct voting by active CSD members,” the statement announcing its endorsements says. “Each endorsement reflects the collective voice of 173 LGBTQ+ Democrats who voted in the process and are committed to building lasting political power in the District,” according to the statement. “Candidates that reached 60 percent support received the endorsement.”

Garrett, the group’s former president, acknowledged that with nearly all candidates running in D.C. elections expressing strong support for the LGBTQ community, many if not most of the group’s members most likely chose a candidate based on issues other than LGBTQ related issues.

He said he believes Lewis George, who he is supporting and is viewed as a progressive candidate who self-identifies as a Democratic Socialist, compared to McDuffie, who is viewed as a moderate Democrat, captured the group’s endorsement based on the view that she is the best person to lead the city going forward.

“I believe that Capital Stonewall members voted for Janeese Lewis George because we’re tired of the status quo and we need a new, bold leader to not only move our city forward but also to stand up to Donald Trump and his administration,” Garrett told the Washington Blade.

McDuffie’s LGBTQ supporters, including former Capital Stonewall Democrats presidents David Meadows and Kurt Vorndran, have argued that McDuffie’s positions on a wide range of issues, including LGBTQ issues, show him to be the best candidates to lead the city at this time and In future years.

The group’s endorsement of Lewis George comes one week after GLAA DC, a nonpartisan LGBTQ advocacy group, awarded her its highest candidate rating of +10.    

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Rehoboth Beach

What’s new in Rehoboth Beach for summer 2026

Moon changes ownership, Market 59 debuts, and much more

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The beach beckons in Rehoboth. (Blade file photo by Daniel Truitt)

Another year and Rehoboth Beach, Del., is ready for the new summer season. The crowds will come for sun, sand, surf, and the boardwalk. It will cost a little more to get to the beach this year, as gas prices are way up. But once you are in Rehoboth, you know it’s worth it. 

One aesthetic change you’ll notice at the boardwalk is the installation of a security gate and bollards near the bandstand, intended to enhance security during large events. The town plans an expanded fireworks show for July 4 to honor the nation’s 250th birthday. 

Most of the commercial establishments in Rehoboth are along and between three blocks: Baltimore Avenue, Rehoboth Avenue, and Wilmington Avenue. This column will seem like I am walking back and forth because I am, and you will too. One thing to remember: Parking in Rehoboth is difficult and expensive and free parking is over as of May 15. There are parking permits available for either a day or longer at the non-metered spots.

During more than 40 years that I have been going to Rehoboth, including more than 30 owning a place in Sussex County, I have witnessed the town transform from a summer vacation spot to a vibrant, year-round community. This was hastened by the COVID pandemic, when lots of people moved to the beach when they could work virtually. Others, reaching retirement age, decided the beach was the place to be. This influx of residents has given many businesses a reason to stay open year round.

Over the years, Rehoboth has become a real foodie town, with many more restaurants, many of them high-end, opening. There are local gay-led restaurant groups like the award-winning Second Block Hospitality Group, which operates The Pines, Bodhi Kitchen, and Drift. Another group, JAM Holdings, owns Eden, which relocated to Route 1 in January after 20 years on Baltimore Avenue; and Jam, which is expected to reopen on Rehoboth Avenue later this year after leaving its Wilmington Avenue location that was demolished over the winter. That building was home to several beloved restaurants over the decades, including Chez la Mer and Azzurro. 

Among the new businesses this year, be sure to stop at the gay-owned Bay Laurel Home and Garden, located at the old Farmer Girl site on Route 1 for your gardening needs. The Waypoint Hotel opened in December on Rehoboth Avenue, site of the former gay-owned Shore Inn.

Another of the newbies is the upscale Market 59 on Baltimore Avenue. The owners plan to add a restaurant and bar before July 4 called Fifty-Nine. The market offers grab-and-go options for the beach plus homemade breads and pastries, produce, and seafood. Then there is the renamed Frankie and Louie’s across the street, now called Pazzo Italiano. Still the same great takeout and now hooked up with The Pines leading to some new menu items. Then I hear there will also be a new Champagne Bar opening soon on Baltimore Avenue. 

Then there are the established and stellar standbys, including the Back Porch, on Rehoboth Avenue; Megan Kee’s restaurants La Fable, Houston White, and Dalmata; and the restaurants on Wilmington Avenue, including Mariachi, Salt Air, and Henlopen Oyster House, where you can sample the Rehoboth Rose oysters from the gay-owned Nancy James Oysters. Then on 1st Street there is Goolee’s Grill for a comforting breakfast and Bloody. Walk up the second block of Rehoboth Avenue and you reach the Purple Parrot and its ever-popular Biergarten.

The iconic Blue Moon restaurant and bar was recently sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan. Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1. “They don’t want to change a thing,” Ragan told the Blade. Happy hour continues all summer long from 4-6 p.m.

For morning coffee nothing beats The Coffee Mill, in the mews between Rehoboth and Baltimore Avenue, where I can be found every morning I am at the beach. The owners, Mel and Bob, also own the Mill Creamery ice cream shop, and another Coffee Mill in Dewey Beach. Mel is proud of his clothing store BRASHhh on 1st Street. On the Rehoboth Avenue side of the mews is the beloved Browseabout Books where you can find a beach read, grab a coffee, and shop for everything from toys to home decor. A few doors away on Rehoboth Avenue is the fun Gidgets Gadgets.

My favorite place for happy hour is Aqua Bar & Grill for good drinks, food, and service. Say hi to Katie Lyell behind the bar at Aqua, winner of the Blade’s Best Of Award for Best Rehoboth Bartender. Aqua, which is celebrating its 20th anniversary this year, hosts Taco Tuesdays and half-price burgers on Thursdays, all on the spacious outdoor deck. While you are on Baltimore Avenue make sure to stop by CAMP Rehoboth, the LGBTQ community center. Pick up your copy of Letters and take a peek at the art exhibit in their offices. Maybe even say hello to the new executive director, Robin Brennan, Ph.D. I had the chance to stop in and meet her and my congratulations to the board. I think they made a great choice for executive director and the organization is clearly in good hands. Then stop in the CAMP Courtyard, and get something to eat at Loris Oy Vey café, celebrating her 30th season, and still the best chicken salad at the beach. Visit the newly relocated Gallery 50 on Baltimore Avenue, which moved from Wilmington Avenue. Then stop in at Elegant Slumming, also on Baltimore Avenue, say hi to Philip, and shop his exquisite jewelry, and some great artwork. If you have a pet and want to treat them to something nice, stop by Critter Beach on Rehoboth Avenue.

After a day in the sand, and a good dinner, there is the nightlife. Diego’s on Rehoboth Avenue Extended hosts regular entertainment, including drag shows and internationally renowned DJs. A new partially enclosed patio offers an expanded space to hang out. Don’t miss their Sundays with local icon Pamala Stanley, now in her 21st season at the beach; in addition to her Sunday dance party, she performs her “Piano Pam” show on Monday evenings. Then there is always fun at Freddies Beach Bar, on 1st Street with its video bar and regular entertainment. Clear Space Theatre on the first block of Baltimore Avenue has a busy summer of shows including “The Cher Show”(June 23-Aug. 27), “Mean Girls” (June 26-Aug. 29), and “Pretty Woman” (July 1-Aug. 25). Clear Space always hosts talented casts including many college students who are getting their first chance to shine. Some come back when they are a little more established. This year that includes Caetano de Sá who first performed at the beach in “Jersey Boys” when he was a student at the Boston Conservatory at Berklee, where he earned his BFA in musical theater. He will be back as of May 25 for the summer rep to play Sonny in the production of “The Cher Show,” Martin/Coach Carr in “Mean Girls,” and Mr. Hollister in “Pretty Woman,” along with some cabarets. The incredibly talented Ashley Williams is also back in town and will host a cabaret show on Aug. 2. Tickets for all the shows are available online and they sell out fast. 

So, make your plans now to head to the beach. Stay a day, or a week, or more, in a hotel, or a rental house. But make those plans quickly, as things sell out fast in Rehoboth. Look forward to seeing you at the beach!

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