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D.C. same-sex couples up 40% in 2010 Census

Data show Va., Md. same-sex couples up 50%

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D.C. has retained its status of having the highest number of same-sex couples per 1,000 households compared to all 50 states, and it had a 40 percent increase in the number of people identifying themselves as same-sex couples since 2000.

Those are among the findings of newly released data from the 2010 U.S. Census as analyzed by the Williams Institute, a think tank affiliated with the University of Southern California at Los Angeles. The institute specializes in LGBT related issues.

The data show that Maryland had a 51 percent increase in the reported number of same-sex couples from 2000 to 2010 and Virginia saw a 49 percent increase in same-sex couples for that same ten-year period.

“The increases are far higher than population increases,” said Williams Institute official Gary Gates. “So we feel most of the increases we’re seeing in states, cities, and counties are attributable to more people reporting they’re a couple than ten years ago.”

The 2010 Census data show that 5,146 D.C. households declared themselves as being headed by same-sex couples, representing a rate of 19 same-sex couples per 1,000 households.  In the 2,000 census, 3,678 households in the District identified themselves as same-sex couple households.

Of the 5,146 D.C. same-sex households reported in the 2010 Census, 72 percent were gay male couples and 28 percent lesbian couples.

Ninety percent of the same-sex households reported in the 2010 Census for D.C. were not raising children compared to just 10 percent who reported they were raising children, according to the Williams Institute analysis of the data.

The Williams Institute analysis also shows that the highest concentration of same-sex couples in D.C. reported in the 2010 Census were in census tracks in neighborhoods of Logan Circle, Dupont Circle, Shaw West, Shaw East, and an area bounded by “Morrow Drive to Piney Branch Parkway, N.W., Rock Creek and 16th Street, N.W.”

The data show that the highest concentration of same-sex couples raising children were female couples living in mostly black neighborhoods in the far Southeast and far Northeast sections of the city.

The D.C. data were released Thursday by the Williams Institute, which is known officially as the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy. The Williams Institute has analyzed Census data pertaining to same-sex couples since the 2000 U.S. Census, when the  census first began counting them.

The 2010 Census data released by the Williams Institute show these figures for same-sex couples living in D.C. area suburban jurisdictions:

  • Montgomery County, Md. – 2,911 same-sex couples; 8.2 same-sex couples per 1,000 households
  • Prince George’s County, Md. – 2,525 same-sex couples; 8.3 same-sex couples per 1,000 households
  • Fairfax County, Va. – 2,783 same-sex couples; 7.1 same-sex couples per 1,000 households
  • Arlington, Va. – 1,328 same-sex couples; 13.5 same-sex couples per 1,000 households
  • Alexandria, Va. – 941 same-sex couples; 13.8 same-sex couples per 1,000 households
  • Baltimore, Md. – 3,226 same-sex couples; 12.9 same-sex couples per 1,000 households

Gates said the data the institute has analyzed so far show that the number of same-sex couples reported nationwide has increased by about 50 percent between 2000 and 2010. Gates said population growth and migration of LGBT people to certain locations accounts for some of the increase.

But he said most of the increase appears to be due to a decision by far more same-sex couples to self-identify while filling out the 2010 U.S. Census questionnaire, which was sent to all U.S. households.

Although D.C.’s rate of 19 same-sex couples per 1,000 households is the highest among the 50 states, several cities have rates far higher than D.C. if D.C. were to be viewed as a city.

Provincetown, Mass., a gay vacation destination with a sizable population of LGBT people living there year-round, leads the nation among cities with 50 or more same-sex couple households, with a rate of 163 same-sex couples per 1,000 households, Gates said.

The city of Wilton Manor, Fla., long known as an LGBT-friendly enclave next to Fort Lauderdale, came in second among cities in the 50 or more same-sex household category, with a rate of 140 same-sex couples per 1,000 households, according to Gates.

Palm Spring, Calif., came in third, with 115 same-sex couples per 1,000 households, Gates said.

In a development that appears to represent an LGBT population shift more than a greater degree of gay couples “coming out” in the Census questionnaire, Gates said the city of Rehoboth Beach, Del., came in fourth place in the category of same-sex couples in cities with 50 or more same-sex households.

Gates said the 2010 Census data show Rehoboth, a popular LGBT resort town, has a rate of 107 same-sex couples per 1,000 households. Gates noted that the actual number of same-sex couple households counted in the 2010 Census for Rehoboth was 81, an increase of 47 couples over the 34 same-sex couples that declared themselves in the 2000 Census.

“I think what you see there is this kind of movement from vacation home to actual residence for a lot of people,” Gates said. “I think in the last decade people made a lot on the real estate market in D.C. and bought vacation properties in Rehoboth. And I think now quite a few of them have moved there.”

Steve Elkins, an official with Camp Rehoboth, an LGBT advocacy group and community center in Rehoboth, said the census figures don’t surprise him.

“You see it every day. We’re in all walks of life,” he said, from local politics to the outlet malls.

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District of Columbia

ANC supports license for Capitol Hill LGBTQ bar

Lesbian owners back ‘settlement agreement’ with restrictions on hours

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AYA, gay news, Washington Blade
Rachel Pike and Jo McDaniel are the bar industry veterans behind As You Are Bar. (Photo courtesy Pike and McDaniel)

The Capitol Hill Advisory Neighborhood Commission 6B voted unanimously on Tuesday night to support a liquor license for the LGBTQ-owned As You Are Bar, which plans to open in a two-story building at 500 8th St., S.E. in a commercial section of Capitol Hill known as Barracks Row.

The ANC’s decision to support the license took place at a virtual meeting attended by nearby residents and supporters of the bar after its owners, lesbian activists Jo McDaniel and Rachel Pike, agreed to the terms of an ANC settlement agreement that calls for restrictions in the hours the bar can offer dancing, entertainment, and music from a DJ.

The agreement means the ANC will not file a protest against the license before the city’s Alcoholic Beverage Control Board, a development that would have delayed a decision on the license by the ABC Board by as much as seven months. A protest by the ANC could have cost the bar thousands of dollars in legal fees to contest the protest by providing legal arguments seeking the approval of the license.

The ABC Board makes the final decision on whether to approve all liquor licenses in the city.

McDaniel and Pike have said they plan to operate an upstairs dance bar during evening hours and a café on the first floor during the day as well as in the evenings that will be an inclusive space that “welcomes anyone of any walk of life that will support, love, and celebrate the mission of queer culture.”

The two, who are business and life partners, say As You Are Bar will welcome people of all ages, genders, sexual orientations and gender identities as well as drinkers and non-drinkers as customers.

They have also told the ANC and nearby residents they have taken steps to soundproof the building, which they are renting, to ensure their plans to operate a dance bar with music from a DJ on the second floor will not disturb nearby residents.

Under terms of the settlement agreement, which was posted on the ANC’s website prior to the start of the meeting, the bar’s operating hours will be from 12 p.m. to 12 a.m. Sunday through Thursday and 12 p.m. to 3 a.m. on Friday and Saturday. Under D.C. law, bars are allowed to remain open for the sale of alcoholic beverages until 2 a.m. during weekdays and 3 a.m. on Fridays and Saturdays.

The Settlement Agreement further calls for As You Are Bar to restrict the hours of consumption of alcohol from 12 p.m. to 11:30 p.m. Sunday through Thursday and 12 p.m. to 2:30 a.m. on Friday and Saturday. It calls for allowing live entertainment and dancing (indoors only) from 12 p.m. to 12 a.m. Sunday through Thursday and from 12 p.m. to 1:30 a.m. on Friday and Saturday.

However, the agreement says DJ and amplified music will not be permitted after 8 p.m. on weekdays.

 McDaniel told the Blade that at the request of As You Are Bar’s attorney Richard Bianco, the ANC agreed to modify that restriction at the Tuesday night meeting to allow the bar to play “conversational” background music after 8 p.m. until closing time on weekdays.

 Among other things, the agreement requires the bar comply with a noise mitigation provision to “ensure that sound, noise, and vibrations are not audible or felt beyond the curb or any other premises at any time.” It also calls on the bar to provide an “appropriate number of staff” to monitor patrons as they leave the bar through the 8th Street entrance to “prevent loud voices and littering.”

Under rules established by the ABC Board and the city’s Alcoholic Beverage Regulation Administration or ABRA, if a settlement agreement is reached between an applicant for a liquor license and the ANC, a protest against the license by groups of five or more citizens is not allowed. Protests could still be filed by community-based civic groups and residents of an “abutting” house or residential facility.

In the case of As You Are Bar, no citizens group has emerged to oppose the license. There is just one abutting townhouse on E Street whose owner has expressed general support for the settlement agreement, according to McDaniel. But the resident has indicated she will not rule out a possible protest until Feb. 7, which is the deadline for filing a protest under ABRA’s rules.

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Virginia

Youngkin mum on whether parents should report teaching of LGBTQ topics

Republican governor on Monday touted tip line during an interview

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Virginia Gov. Glenn Youngkin (Washington Blade photo by Michael Key)

A spokesperson for Virginia Gov. Glenn Youngkin has yet to clarify whether the governor is encouraging parents to report educators who are teaching LGBTQ-specific topics.

The Washington Post reported Youngkin on Monday during an interview with John Fredericks on “Outside the Beltway with John Fredericks” referenced a tip line that parents can use to report the teaching of “divisive” subjects.

“We’re asking for folks to send us reports and observations [to] help us be aware … of their child being denied their rights that parents have in Virginia, and we’re going to make sure we catalogue it all,” Youngkin told Fredericks, according to the Post.

Fredericks co-chaired former President Trump’s 2016 campaign in Virginia.

Youngkin spokesperson Macaulay Porter on Tuesday did not respond to the Washington Blade’s request for comment on the tip line.

The first executive order that Youngkin, who is a Republican, issued after he took office on Jan. 15 ended “the use of” so-called “critical race theory” (which is not taught in Virginia public schools) and other “divisive concepts” in the state’s classrooms.

Youngkin during his campaign against Terry McAuliffe expressed support for Tanner Cross, a gym teacher at a Leesburg elementary school who was suspended from his job after he spoke out against Virginia Department of Education guidelines that are designed to protect transgender and non-binary students. Youngkin has also said he does not support allowing trans children to play on sports teams that are consistent with their gender identity.

Youngkin has named Elizabeth Schultz, an anti-LGBTQ former member of the Fairfax County School Board, to his administration.

Republicans control the House of Delegates by a 52-48 vote margin. Democrats have a 21-19 majority in the state Senate.

State Sen. Travis Hackworth (R-Tazewell County) has introduced Senate Bill 20, which would eliminate the requirement that school districts must implement the Department of Education’s trans and non-binary student guidelines. State Sen. Jennifer Kiggans (R-Virginia Beach) has put forth Senate Bill 766, which would ban trans students from school sports teams that are consistent with their gender identity. State Del. John Avoli (R-Stanton) has sponsored House Bill 1126, which would restrict the ability of transgender students and school board employees to use bathrooms and other facilities in public schools.

Democrats have vowed to block any anti-LGBTQ bill in the General Assembly.

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District of Columbia

Lawsuit charges D.C. Courts illegally fired trans man

Complaint says building technician subjected to abuse by supervisors

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Among the names appearing on the AG office’s court briefs in the Carter lawsuit is D.C. Attorney General Karl Racine, a longtime supporter of LGBTQ rights. (Washington Blade photo by Michael Key)

The D.C. Court of Appeals is currently deliberating over whether a 51-year-old transgender man who was fired in June 2019 from his job as a building maintenance technician at three buildings where the D.C. Superior Court and D.C. Court of Appeals are located has legal grounds to contest the firing, which he says was based on his gender identity.

In a little-noticed development, D.C. resident Dion Carter in June 2020 filed a lawsuit in D.C. Superior Court naming the D.C. government as the main defendant in the case on grounds that it plays a role in the funding of the D.C. Courts system and was responsible in part for more than eight years of discrimination and abusive treatment to which Carter was subjected on the job.

At the request of the Office of the D.C. Attorney General, which is representing the DC Court system in the lawsuit, a D.C. Superior Court judge on Jan. 29, 2021, dismissed the lawsuit on procedural grounds without addressing any of Carter’s allegations of discrimination.

Superior Court Judge William M. Jackson stated in a three-page ruling that the D.C. Attorney General’s Office correctly stated in a motion seeking the dismissal of the case that Carter’s lawsuit failed to plead a viable cause of action on two grounds.

One of the grounds, the AG’s office stated, is that the D.C. Courts’ Comprehensive Personnel Policy does not provide a remedy for employment discrimination allegations. Jackson cited the second ground for dismissal proposed by the AG’s office was that the D.C. Courts’ same personnel policy does not provide a private right of action for employees to seek monetary damages in a lawsuit related to discrimination.

In its brief calling for dismissal, the D.C. AG’s office also pointed out that Carter’s lawsuit was invalid because under court rules pertaining to the D.C. Courts’ personnel system, an internal administrative complaint alleging employment discrimination must be filed and carried out to completion before a lawsuit could be filed in court.

In a brief in support of Carter’s lawsuit, Carter’s attorney, Stephen Pershing, strongly disputes the AG office’s assertions, saying at least one Court of Appeals ruling indicated the D.C. Courts’ personnel policies legally “mirror” the provisions of the D.C. Human Rights Act, which, among other things, prohibits discrimination based on gender identity and sexual orientation.  

Pershing also argued in his court briefs that Carter did file an internal administrative complaint to contest his firing. But he stated that a high-level D.C. Courts’ official advised Carter that under the court system’s personnel rules, a ruling in Carter’s favor could not result in monetary compensation for lost wages or other legal remedies that Carter called for in his complaint. The official advised Carter and Pershing to file the discrimination case in a lawsuit in court, the lawsuit says. This prompted Carter to withdraw his administrative complaint, a development that Pershing now says was based on false and misleading information provided by the D.C. Court’s official.

In February 2021, Pershing appealed the dismissal of the case before the D.C. Court of Appeals, requesting that the dismissal be reversed and the case be sent back to D.C. Superior Court, where the specific merits of the case could be argued and presented before a jury.

Since the filing of the appeal, Pershing and attorneys with the Office of the D.C. Attorney General have filed briefs under consideration by the Court of Appeals supporting and opposing the contention that the D.C. Courts’ personnel rules allow a remedy for Carter’s discrimination claims.

Like the original lawsuit filed in Superior Court, Carter’s appeal briefs filed by Pershing state that the alleged discrimination against Carter started shortly after Carter first began working in the court system’s building maintenance department in January 2010 as an out lesbian prior to his transition as a male.

At that time Carter already had 15 years of experience in the field of building maintenance technology and became the first woman to hold such as position at the D.C. Courts, the lawsuit says.

According to the lawsuit, the abusive and discriminatory treatment toward Carter increased dramatically in 2015 when Carter informed his then-supervisor Emanuel Allen that he would be taking a short period of leave to undergo gender reassignment surgery. Upon his return to work after the first of five gender reassignment surgical procedures that he has now completed, Carter presented for the first time at work as a male, the lawsuit says.

“For the six months between Carter’s Family Medical Leave Act notice and his surgery, Mr. Allen cut Mr. Carter out of all overtime duty, overtime that was mandatory for all building maintenance workers and that they considered desirable,” the lawsuit says. It says that when Carter asked why Allen did this Allen refused to provide an answer and threatened to issue a poor work performance evaluation against Carter if he continued to question the overtime denial decision.

When Carter returned from his surgery and presented as male, the lawsuit charges, Allen repeatedly referred to Carter as “he-she” in the presence of fellow employees as well as high-level officials involved in the operation of the court system buildings. Carter viewed his treatment by Allen as a form of bullying and disrespect, the lawsuit states.

Over the next three years, according to the lawsuit, Carter was subjected to a hostile work environment by supervisors who, among other things, made false claims that Carter was not doing his job properly, was absent from work without permission, and was acting “aggressively” toward his supervisors or fellow employees. One supervisor blamed Carter’s alleged hostile behavior on the testosterone treatment that Carter was undergoing as a routine part of his gender transition process, the lawsuit says.

The lawsuit alleges that Carter was ultimately fired “on a false pretext” allegedly fabricated by James Vaughn, the Chief Building Engineer and Acting Building Operations Manager of the D.C. Courts. The lawsuit and appeals court briefs say Vaughn accused Carter of consuming an alcoholic beverage at one of the court buildings where Carter was assigned to work on April 6, 2019.

Vaughn recommended to the court system’s acting director of capital projects and facilities management that Carter be terminated from his job on grounds of violating Personnel Policy No. 800, which prohibits consuming illegal drugs or alcohol on court property while on duty.

“That allegation is factually untrue,” the lawsuit states. “Mr. Carter neither consumed nor was under the influence of alcohol while on site,” it says.

“Mr. Carter’s termination was unjustified on any legitimate ground and was an act of unlawful discrimination on account of Mr. Carter’s race, sex, sexual orientation and/or gender identity and expression, and in retaliation for his complaining to his superiors about his illicit mistreatment on these grounds,” the lawsuit and the current appeals court briefs charge.

“These acts and omissions caused Mr. Carter loss of employment, loss of pay and other benefits of employment, as well as anguish, intense hurt, humiliation, anger, sense of loss, disappointment, and emotional conflict between his desire for professional excellence and the torment inflicted on him merely for showing up every day, working, and working well, as an African American, as a lesbian, and as a transgender male,” the lawsuit says. 

“The acts of one or more of Mr. Carter’s superiors alleged in this complaint were motivated by actual malice and/or evil intent and were done with the intention to cause Mr. Carter pain, humiliation, anguish and torment, and as such warrant the imposition of punitive damages,” the lawsuit concludes.

Dion Carter (Photo courtesy of India Rogers)

A spokesperson for the Office of the D.C. Attorney General said the office is preparing a statement in response to an inquiry from the Blade on Carter’s discrimination allegations. (We will update this story when we receive the statement.) Among the names appearing on the AG office’s court briefs in the Carter lawsuit is D.C. Attorney General Karl Racine, who has expressed strong support for LGBTQ rights in the past.

Douglas Buchanan, a spokesperson for the D.C. Courts, said he would try to determine whether the court system’s building maintenance department would respond to a Blade request for comment on the Carter lawsuit and its allegations that high-level court officials in the maintenance department engaged in anti-transgender discrimination.

Pershing said he plans to file a separate lawsuit on Carter’s behalf in the U.S. District Court for the District of Columbia claiming the discrimination Carter faced violated his constitutional rights. He said he is hopeful that the D.C. Court of Appeals will rule in Carter’s favor, but a backlog in cases will likely mean a ruling would not take place before June of this year.

Under federal court rules, Carter must file his federal discrimination lawsuit in the U.S. District Court within three years from the time he was fired from his job in June of 2019.

Congress created the D.C. court system as a federal entity in 1970 at the time it created D.C.’s home rule government. The U.S. president appoints all judges. The D.C. Council and mayor have no control over the court system, although the D.C. government along with Congress funds the court system. The system is run by a Joint Committee on Judicial Administration consisting of five judges and a secretary who serves as the executive officer.

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