Local
Supreme Court rejects D.C. marriage challenge
Action ends effort to force ballot measure
(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.
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.”
Virginia
Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address
Gay state senator to take job in Spanberger administration
Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.
Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.
Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.
His Senate district includes Alexandria and parts of Arlington and Fairfax Counties.
“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.
“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”
Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”
Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.
In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”
Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.
“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.
“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”
He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.
The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.
In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.
Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.
“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”
Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”
“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”
And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”
District of Columbia
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Gay former corrections officer says harassment, discrimination began in 1993
Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.
The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.
A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”
The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:
Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.
Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.
The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.
Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”
With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.
He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.
BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?
JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.
And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.
BLADE: Can you tell a little about that and when it will begin?
JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.
BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?
JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.
BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?
JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.
BLADE: How many years have you been working for the Department of Corrections?
JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.
BLADE: Do you have any plans now other than doing the podcast?
JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.
BLADE: So, did you first start your work at the Lorton Prison?
JONES: Yes, I was at the central facility, which was the program institution.
MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.
BLADE: Yes, and that was located in Lorton, Va., is that right?
JONES: Right.
BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?
JONES: Yes. And that closed in 2001.
BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?
JONES: Yes, sir. And next-door is the correctional treatment facility as well.
BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?
JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.
BLADE: What do you mean by flashing?
JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.
BLADE: As best you can recall, where and what year did that happen?
JONES: That was back in 1993 in April of 1993.
BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?
JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.
They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.
BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?
JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.
BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?
JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.
BLADE: Is there any kind of concluding comment you may want to make?
JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.
Baltimore
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Hit show raises questions about identity, cultural representation
By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.
For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.
In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.
The rest of this article can be read on the Baltimore Banner’s website.
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