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Prop 8 lawyers honored at D.C. events

This week in Washington D.C., Whitman-Walker and the Cato Institute honored Ted Olson and David Boies, the lead attorneys in Perry v Schwarzenegger, the Federal case seeking to overturn California’s Proposition 8.

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Ted Olson and David Boies at the Cato institute (Blade photo by Michael Key)

The two lead attorneys in the widely followed lawsuit seeking to overturn the California ballot measure that bans same-sex marriage in the state and the attorney who successfully argued the Supreme Court case that overturned anti-gay sodomy laws were honored this week in Washington.

The Cato Institute, an LGBT supportive libertarian think tank, held a forum on Wednesday that featured presentations by conservative Republican lawyer Theodore Olson and Democratic attorney David Boies, who have teamed up to fight Proposition 8.

D.C.ā€™s Whitman-Walker Health, formerly known as Whitman-Walker Clinic, was scheduled to present Olson, Boies and Washington attorney Paul Smith with its Joel A. Toubin Memorial Award at a reception Thursday evening. The award recognizes their legal work in support of the rights of LGBT people.

Smith was the lead attorney challenging state sodomy laws in the 2003 case known as Lawrence v. Texas, in which the high court ruled that laws banning intimate sexual relations between people of the same sex in the privacy of their home were unconstitutional.

In interviews with the Blade, Olson and Smith each said they were hopeful that the Lawrence decision would provide an important legal foundation for the Supreme Court to overturn Proposition 8 when that case reaches the high court possibly within the next two years.

Olson worked as U.S. Solicitor General defending federal laws before the Supreme Court during the administration of President George W. Bush. Prior to becoming solicitor general, Olsen represented Bush in a highly controversial Supreme Court case credited with deciding the outcome of the 2000 presidential election in favor of Bush over then Vice President Al Gore in a dispute over challenged ballots in Florida.

Olson told the Blade he doesnā€™t see his role in seeking to overturn what he calls a ā€œhighly discriminatoryā€ ballot measure as a contradiction to his status as a conservative.

ā€œI think those of us in the political world who care about individual rights and individual liberty and individual freedom and treating our fellow citizens with respect and decency and fairness and understanding ought to be in favor of changing laws that discriminate against people on the basis of sexual orientation,ā€ he said.

The California-based American Foundation for Equal Rights, which retained Olson and Boies to challenge Prop 8 in court, was initially questioned by some LGBT groups and progressive legal experts for taking on too great a risk in seeking to bring the case before the U.S. Supreme Court. Some argued that the conservative-leaning court could very likely uphold Prop 8ā€™s constitutional standing, setting a potentially harmful legal precedent.

Olson said he and Boies considered those concerns when they decided to take on the case.

ā€œWe felt it was important to go forward because weā€™ve been approached by persons who felt their constitutional rights were being denied to them,ā€ he said. ā€œAnd we felt that as lawyers, we couldnā€™t say, well weā€™re not going to represent you or weā€™re not going to try to vindicate your constitutional rights.ā€

Smith said heā€™s hopeful that the Supreme Court will uphold a lower federal district court ruling in Massachusetts, which declared as unconstitutional a provision in DOMA that bars the federal government from recognizing same-sex marriages legalized by states.

He said he and other attorneys seeking to overturn the DOMA provision banning federal recognition of same-sex marriages received an important boost when the Justice Department decided earlier this year to no longer defend the law in court. President Barack Obama has said he favors the full repeal of DOMA by Congress.

The president said he also believes DOMA is unconstitutional and determined the Justice Department should end all efforts to defend the law in court. The Republican-controlled U.S. House of Representatives has since stepped in to arrange for legal counsel to defend DOMA as it makes its way to the Supreme Court.

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District of Columbia

25K people attend People’s March in D.C.

President-elect Donald Trump’s inauguration is on Monday

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The People's March was held downtown Washington on Jan. 18, 2025. (Washington Blade photo by Michael Key)

Upwards of 25,000 people attended the People’s March that took place in D.C. on Saturday.

Participants ā€” who protested against President-elect Donald Trump’s proposals they say would target transgender people, immigrants, women, and other groups ā€” gathered at McPherson and Farragut Squares and Franklin Park before they joined the march that ended at the Lincoln Memorial.

The Gender Liberation Movement is among the groups that sponsored the march. Dozens of other People’s Marches took place in cities across the country on Saturday.

Trump’s inauguration will take place in the U.S. Capitol Rotunda on Monday.

(Washington Blade photos by Michael Key and Michael K. Lavers)

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Virginia

Arlington man arrested for arson at Freddie’s Beach Bar

Suspect charged with setting fires at two other nearby restaurants

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Timothy Clark Pollock (Photo courtesy of the Arlington County Fire Department)

The Arlington County Fire Department announced on Jan. 16 that an Arlington man has been arrested on three counts of arson for at least three fires set at restaurants on the same block on South 23rd Street, including Freddieā€™s Beach Bar and Restaurant, which is a gay establishment.

A statement released by the fire department says a warrant for the arrest of Timothy Clark Pollock was issued on Jan. 15 and that Clark was apprehended by Alexandria police on Jan. 16 at approximately 6:54 a.m. It says he was transferred into the custody of fire marshals and the Arlington Police Department.

Fire department officials have said the fires that Pollock allegedly set took place between 5 a.m. and 5:30 a.m. on Thursday, Jan. 9, on the 500 block of South 23rd Street in the Crystal City section of Arlington.

Freddie Lutz, owner of Freddieā€™s, said the front door of his establishment was set on fire with what appeared to be a flammable liquid such as lighter fluid. The door was partially blackened by the fire, but the restaurant itself did not catch fire, Lutz said.

Fire department officials said the other two nearby establishments hit by small fires around that same time were the Crystal City Sports Pub and McNamaraā€™s Pub and Restaurant.

Lutz told the Washington Blade that the fire at Freddieā€™s took place the day before and the day after Freddieā€™s received a threatening phone call from what sounded like the same unidentified male caller.

ā€œHe said Iā€™m going to fuck you up and Iā€™m going to fuck the women up,ā€ Lutz said the person told Freddieā€™s manager, who answered the two calls.

Lutz speculated that the caller could have been the same person who started the fire at Freddieā€™s and possibly the other two restaurants.

The short statement by the Arlington County Fire Department announcing the arrest did not say whether fire and police investigators have determined a possible motive for the fires. The statement says Pollock was being held without bond and that he is ā€œalso facing additional charges for unrelated crimes, which remain under investigation.ā€

The online Arlington news publication ARLNow reports that a Facebook account associated with Timothy C. Pollock includes a photo from inside Freddieā€™s posted on Facebook on Dec. 21.

Lutz confirmed for the Blade the photo is clearly one that was taken inside Freddieā€™s showing Christmas decorations, leading Lutz to believe that Pollock has been inside Freddieā€™s at least once if not more than once.

Photos of Timothy C. Pollock on that personā€™s Facebook page appear to be the same Pollock as that captured in the mug shot photo of Pollock released by the Arlington County Fire Department on Jan. 16.

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Delaware

Delaware governor issues executive order creating LGBTQ+ Commission

Body to ā€˜strengthen tiesā€™ between government and community

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Delaware Gov. Bethany Hall-Long, center, on Jan. 16, 2025, signed an executive order that created the state's first LGBTQ+ Commission. (Photo courtesy of Sussex Pride)

Delaware Gov. Bethany Hall-Long on Jan. 16 signed and issued an executive order creating a Delaware State LGBTQ+ Commission that she said will hold public forums for the exchange of ideas on the needs of the stateā€™s diverse LGBTQ community.

ā€œThe nine-member commission will serve to strengthen ties between the government and LGBTQ+ organizations,ā€ a statement released by the governorā€™s office says.

The statement adds that the new commission will ā€œhelp remove barriers to societal participation for LGBTQ+ people and improve the delivery of services to the community in Delaware to areas such as employment, equality, education, and mental health.”

It says that members of the commission will be appointed by the governor and serve without monetary compensation for a three-year term.

According to the statement, the commission members ā€œwill represent different facets of the LGBTQ+ community, taking into account age, race, gender, identity, background, life experiences and other factors, and reflect the geographic diversity of the state.ā€

Hall-Long’s executive order creating the new commission came at a time when she is serving in effect as interim governor for a period of just two weeks. As lieutenant governor, she became governor on Jan. 7 when outgoing Gov. John Carney resigned to take office in his newly elected position of mayor of Wilmington.

Carney, who served two terms as governor, could not run again for that position under Delawareā€™s term limit law. Democrat Matt Myer won the governorā€™s election in November and will be sworn in as Delawareā€™s next governor on Jan. 21, when Hall-Long will step down.

Myer was expected to appoint the commission members in the weeks following his assumption of gubernatorial duties.

ā€œUltimately, the commission will advise the governor, members of the governorā€™s Cabinet, members of the General Assembly, and other policymakers on the effect of agency policies, procedures, practices, laws, and administrative rules on the unique challenges and needs of LGBTQ+ people,ā€  the statement released by Hall-Longā€™s office says.

ā€œIt is truly an honor to bring this commission to fruition, and I am very excited to see the positive changes the commission will make in the lives of our LGBTQ+ neighbors,ā€ Hall-Long said in the statement.

David Mariner, executive director of Sussex Pride, an LGBTQ advocacy group based in Delawareā€™s Sussex County, which includes Rehoboth Beach, praised the new executive order as an important step in advancing LGBTQ equality.

ā€œIt is my hope that through this commission, we can address the critical issues facing LGBTQ Delawareans,ā€ Mariner said in his own statement.

ā€œThis includes developing an LGBTQ health report with a tangible roadmap to health equity, increasing collaboration and communication on hate crimes and hate-related activities, and ensuring that nondiscrimination protections, guaranteed by law, are a reality for all of our residents,ā€ he said.

The statement announcing the LGBTQ+ Commission and the full text of the executive order can be accessed here. 

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