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O’Malley backs 2012 push for marriage equality

Bill becomes part of guv’s legislative package

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Gov. Martin O'Malley (Washington Blade photo by Michael Key)

ANNAPOLIS, Md. — Flanked by lawmakers and members of a broad coalition of Maryland LGBT leaders, Gov. Martin O’Malley today announced that a law legalizing same-sex marriage would be part of his 2012 legislative package.

After a disappointing 2011 session for marriage equality advocates in Maryland, ending with the death of a Senate-passed marriage bill in the lower house, the governor came out in favor of a bill that he said would address “religious freedom and protect marital equality rights equally under the law.”

O’Malley’s press conference today signals that he may take a more active role in leading on marriage equality legislation. He was criticized earlier this year for not taking a more visible role in support of the 2011 bill.

“I’m supportive of this bill in the upcoming session, and so supportive that I’ve decided to make it one of the handful of bills that will be an administrative priority.”

When asked by a reporter if his own views on marriage equality had changed, the governor said, “I have always believed in the dignity of every individual. I believe in our own responsibility to advance the greater good. And I also understand that there is a unity of the spirit and matter, and that what we do in our own lifetimes does matter.”

He continued, “As a free and and diverse people of many faiths, we choose to be governed under the law … governed by certain principles and beliefs. Among them, equal protection of the law for every individual and the free exercise of religion free of interference from government. Other states have found a way to protect both of these fundamental beliefs. Therefore in the 2012 legislative session I will sponsor legislation that protects religious freedom and protects marital equality rights equally under the law.”

“I was raised to understand that there are certain things that churches and religions dispense, and that the government should not interfere with defining those,” the governor said when asked about his own evolution on marriage, after previously favoring civil unions rather than full marriage equality. “That’s what we seek to protect, both of those freedoms, that is equality under the law in terms of rights conferred.”

While taking questions, O’Malley emphasized that while he supported civil unions in the past, he’s always believed in equal protection under the law.

“The difficulty that we face as a diverse people was how to enforce a consensus that will protect rights equally under the law,” he said, “the development of that consensus, the ability to come together around marital equality is something that I think is one of the faster moving issues of opinion that we’ve seen in our country for some time.”

He also brought up the victory for marriage equality in New York, and noted that process will influence strategy in Maryland as well.

“Each state learns from the other states,” the governor said. “I would like to think that in New York, they learned from our experience, and we will learn from their experience.”

He continued, “New York showed you could protect religious freedom and you can protect protect rights equally and that’s what we’re going to do with this bill.”

When asked about the influence the momentum from New York had on his decision to hold today’s press conference, O’Malley said the bill’s prospects are stronger because the coalition pushing the bill is much better developed.

“I think the broad nature of this coalition is something I’m very much encouraged by and by the success in New York. It is a fundamental truth that with every accomplishment, further accomplishments appear possible. When New York was able to bring people together—and do it by the way, in a bi-partisan way—and were able to bring into their coalition… a number of religious leaders.” He said, “We still have a lot to do, and this coalition is important, and this is the way to get it done, and certainly New York’s success in accomplishing the marital equality bill in New York was something encouraging to everyone, including myself.”

There had been some speculation within the Maryland LGBT community that a second chance for a 2011 success may surface in the state’s October special session for redistricting, but the governor was quick to dismiss that strategy.

“I think most of us are focused on the upcoming regular session, and I think that time will be well used to broaden this coaltion,” O’Malley said.

When asked what he thought about the possibility of opponents of marriage equality bringing a referendum to the ballot undoing any new law, O’Malley said, “It’s their right under the laws,” but added that he is focused on getting the law passed by a broad coalition of leaders from throughout the civil rights and religious communities so that such efforts would not gain traction.

“I’m very optimistic that if all of us work hard and all of us stay focused on the important principles at stake here, which are freedom of religion and also equal protection under the law,” he continued, “that we can pull together the necessary votes for passage.”

“We know that we have work to do, because it did not work the last time, and that’s why we’re here today. To commit ourselves to that work.”

During the press conference, several lawmakers took the podium to emphasize the size and scope of the new coalition to pass a bill legalizing same-sex marriage in the Free State.

“Many during the past session said this was not a civil rights issue,” said Sen. Robert J. Garagiola, (D-Montgomery Co). “I don’t see how you can’t look at it as a civil rights issue. You just look at our history—American history, Maryland history—we had laws on the books that discriminated between different races, and right now we have laws on the books that discriminate between two loving people. To me it’s the same exact thing.”

“We had a little bit of courage from one Republican in the Maryland Senate, Allan Kittleman,” the senator continued. “To me this is an issue where Democrats and Republicans should come together.”

“The governor is saying this is what’s right,” said Del. Benjamin Barnes (D-Anne Arundel & Prince George’s County). “We’re a nation founded on equality, and when you deny certain individuals their rights under marriage, you deny them certain fundamental equal rights. This governor is saying this is not just, and we’re going to have equality in the state of Maryland.”

Ezekiel Jackson of the Servicemembers Employee International Union local 1199 of Maryland and the District of Columbia was also on hand to announce the union’s involvement with the coalition taking the lead on passing marriage in 2012. Jackson claims SEIU’s membership on the coalition makes sense because families should not have to leave the state of Maryland in order to get married and take advantage of the benefits marriage affords.

“Anytime we look at a situation where residents are spending money outside of Maryland, we rush to find ways to keep that money in Maryland,” Jackson said. “Why can’t we do the same thing with families?”

Many members of the Maryland LGBT Caucus were on hand to praise the governor as well, including Sen. Richard S. Madaleno Jr. (D-Montgomery County), and Del. Maggie McIntosh.

Sen. Richard S. Madaleno Jr. (D-Montgomery County) (Washington Blade photo by Michael Key)

The only openly gay member of the Senate, Madaleno enthusiastically took the microphone to praise O’Malley for pledging to lead in passing marriage equality in Maryland.

“This is probably going to be the second most exciting moment that I have had in this room,” Sen. Madaleno said. “And it will only be surpassed by the moment within the next nine months that we will stand here, with [the governor], pen in hand, to sign into law the marriage equality bill.”

“Maryland, in history, is the seventh state in the union to have embraced the Constitution,” Madaleno pointed out. “And in the next nine months, we will be the seventh state in this country to embrace marriage equality.”

Del. McIntosh, Maryland’s first openly gay lawmaker, and former majority leader, has known O’Malley throughout his political career, beginning with his time on the Baltimore City Council. “All of us in the legislature who are openly gay members would like to thank you for your leadership, Gov. O’Malley,” she said at the press conference. “Your sponsorship and your willingness to continue toward marriage equality in Maryland means so much to so many families in Maryland. So we’re going to win!”

When asked how the LGBT Caucus is mapping out its strategy with the governor and who has taken the lead, McIntosh told the Blade that, while the members of the LGBT Caucus have yet to meet with the governor over this bill, officially, she and Madaleno have been working with the governor’s chief legislative officer, Joe Bryce.

“Obviously Sen. Mandeleno and I have had conversations with the governor, and many of our colleagues have had conversations with the governor urging him to take the lead,” McIntosh said. “We will work with Joe Bryce going forward, probably looking at the New York law, looking at ours—ours was only two or three votes short—so is there something we can tweak. We have to all be on the same wavelength about that. But we will introduce a bill, and I think we will absolutely work with his office hand-in-hand to get the legislation passed.”

“We were working closely with members of the LGBT Caucus and other supporters of marriage equality last session earlier this year,” Marty Rouse, national field director for the Human Rights Campaign, told the Blade. “And now we work very closely with the GLBT delegates, and working with Progressive Maryland and others. If there’s a difference between earlier this year and today, it’s a much broader and deeper coalition. And now with the support of the governor, clearly we have a much better chance of getting this passed next session.”

Marylanders for Marriage Equality, a new group, announced last week a major coalition to begin a statewide effort to press for passage of a marriage equality bill in 2012. The coalition includes Progressive Maryland, 1199 Service Employees International Union, Communications Workers of America, American Federation of State, County Municipal Employees (AFSCME), American Civil Liberties Union of Maryland, Equality Maryland, the Human Rights Campaign, Pride in Faith, Maryland Black Family Alliance and Catholics for Equality.

 

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Virginia

Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address

Gay state senator to take job in Spanberger administration

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Outgoing Virginia state Sen. Adam Ebbin (D-Alexandria) in 2024. (Washington Blade photo by Michael Key)

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.”

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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

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Deon Jones (Photo courtesy of the American Civil Liberties Union)

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.

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Baltimore

‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore

Hit show raises questions about identity, cultural representation

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(Photo courtesy of Crave HBO Max)

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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