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D.C. divorce bill for same-sex couples set for vote in ‘early’ 2012

Bill limited to non-D.C. residents that marry in city

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Phil Mendelson

Councilmember Phil Mendelson introduced the bill expected for a 2012 vote. (Washington Blade file photo by Michael Key)

In a little noticed development, D.C. Council member Phil Mendelson (D-At-Large) introduced a bill in October that would allow same-sex couples who marry in D.C. but live in states that don’t recognize their marriage to return to the District to get a divorce.

Supporters say the bill, the Civil Marriage Dissolution Equality Amendment Act of 2011, is needed because states that don’t recognize same-sex marriage have no legal mechanism to issue a divorce to gay or lesbian couples who wish to dissolve their D.C. marriage through a divorce.

Under the city’s existing marriage law, which allows same-sex couples to marry, one or both parties to a same-sex marriage performed in D.C. would have to become a city resident for six months before the city would grant the couple a divorce.

Married same-sex couples who are city residents have the same rights to a divorce as opposite-sex married couples under the existing law.

MORE IN THE BLADE: DC MARRIAGE BECOMES LAW

“In order to maintain basic dignity for couples married in the District, and unable to divorce in their home state, this bill is necessary,” said gay activist Bob Summersgill in testimony in support of the bill at a Dec. 8 Council hearing called by Mendelson.

“If we offer civil marriage, we must offer civil divorce,” Summersgill said.

Eight of the Council’s 13 members signed on to Mendelson’s bill as co-sponsors, including gay Council members David Catania (I-At-Large) and Jim Graham (D-Ward 1).

MORE IN THE BLADE: THE HISTORIC VOTE FOR MARRIAGE IN D.C.

The two Council members who voted against the city’s same-sex marriage law at the time the Council passed it in 2009 — Yvette Alexander (D-Ward 7) and Marion Barry (D-Ward 8) — did not sign on as co-sponsors to Mendelson’s divorce bill. Both are up for re-election in 2012.

Mendelson’s bill states that “An action for divorce by persons of the same gender, even if one or neither party to the marriage is a bona fide resident of the District of Columbia… would be eligible for a divorce in the city if the following circumstance apply:

“The marriage was performed in the District of Columbia; and neither party to the marriage resides in a jurisdiction that will maintain an action for divorce, provided that it shall be a rebuttable presumption that a jurisdiction will not maintain an action for divorce if the jurisdiction does not recognize the marriage.”

Brian Moore, an aide to Mendelson, said the full Council is expected to vote on the bill in early 2012. Moore said no one showed up at the Dec. 8 hearing to oppose the bill.

“The legislation addresses a problem with uneven laws across the country regarding marriage rights,” Summersgill said in his testimony. “Only a handful of states are up to the District’s standard of human rights. In states with laws promoting anti-gay discrimination, divorce of legally married same-sex couples is not an option.”

Rick Rosendall, vice president of the Gay and Lesbian Activists Alliance, told Mendelson at the hearing that GLAA endorses the legislation.

“This bill fills a gap in the law crated by our being ahead of the historical curve,” Rosendall said in his testimony. “None of us celebrates the dissolution of a marriage, but equality under the law must extend to every contingency. The lack of a clear legal mechanism for divorce can make an unhappy situation much worse for all involved.”

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District of Columbia

Bet Mishpachah to honor Fauci with lifetime achievement award

As part of its 50th anniversary celebration, Bet Mishpachah will present the Harvey Milk Chesed Award to Dr. Anthony S. Fauci in recognition of his groundbreaking leadership in infectious disease research and decades of service to global public health.

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Bet Mishpachah, Washington’s LGBTQ synagogue, on Wednesday will honor former National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci with an award for his lifelong devotion to public health and service.

Dr. Fauci will receive the Harvey Milk Chesed Award on May 7 at 7 p.m. in Cafritz Hall at the Edlavitch Jewish Community Center of Washington, D.C., at 1521 16th Street, N.W.

The award is given annually to someone who has made “outstanding” contributions to the LGBTQ+ and Jewish communities that “exemplify the virtue of chesed, or ‘lovingkindness.’” Fauci’s commitment to combating infectious diseases-HIV/AIDS, respiratory infections, diarrheal diseases, tuberculosis, malaria, Ebola, Zika, and COVID-19-as well as his leadership in public health policy, embodies this value, according to Bet Mishpachah President Joseph Pomper.

“Bet Mishpachah is honored to have this opportunity to recognize Dr. Fauci for his lifelong commitment to the health and well-being of millions of people around the world,” said Pomper. “As members of the LGBTQ+ community, we are especially thankful for his courage and dedication in the fight against HIV/AIDS. He stood with us at a time when our community was often shunned and stigmatized. Today, as members of our community are again under attack, his leadership in that crisis and throughout his career serves as a shining example of the spirit of chesed (lovingkindness) that we honor with this award.”

Following the presentation, Fauci will join his longtime friend and colleague Jeff Levi — emeritus professor at the Milken Institute School of Public Health at George Washington University and former deputy director of the White House Office of National AIDS Policy — for a conversation.

Fauci advised seven presidents on key health issues, most prominently HIV/AIDS, and helped create the President’s Emergency Plan for AIDS Relief (PEPFAR), which has saved more than 20 million lives globally.

The event is part of Bet Mishpachah’s 50th anniversary celebration. Registration is closed, but waitlist requests can be sent to [email protected].

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District of Columbia

WorldPride permits for National Mall have yet to be approved

Organizers say application process is going according to plans

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The Equality March for Unity & Pride was held in 2009. A June 8 International Rally and March for Freedom is planned during WorldPride but permits have not yet been approved. (Washington Blade file photo by Michael Key)

Less than two weeks before the first events of WorldPride 2025 in D.C. are scheduled to begin on May 17, the U.S. National Park Service has yet to officially approve the permits needed for what organizers say will be a small number of WorldPride events scheduled to take place on the National Mall and other federal park grounds.

In response to a request by the Washington Blade for information on the status of the permit applications, National Park Service Spokesperson Brian Hall said in a May 2 email only that at least one of the permits “is still being worked on and not final.”

Hall sent the Blade a chart showing what appeared to be five WorldPride events under consideration for a permit, with four of them set to take place on federal park grounds at or near the Lincoln Memorial.

Ashley Smith, president of Capital Pride Alliance, the nonprofit D.C. LGBTQ organization playing the lead role in organizing WorldPride 2025, said most of the several dozen WorldPride events expected to take place between May 17 and June 8 would be held at locations other than the National Mall and other federal spaces.

“There is really only a small number that we’re doing this with the National Park Service, because we’re not on a lot of federal land for everything,” he told the Blade. “But we have been in communication with them, and our team is consistently communicating with them,” Smith said.

Smith added, “We feel strongly that we will be able to move forward. I don’t believe there are major concerns with us not being able to move forward. We’re making sure we’re providing all the proper information we need to be successful.”

Some LGBTQ activists have expressed concern that the Trump administration, which has put in place policies hostile to the LGBTQ community, especially the trans community, might attempt to block the permits. But another National Park Service spokesperson said in a statement that the permit approval process does not take into consideration the political message of those applying for permits.

“Applications are approved provided no applications were previously submitted for the same dates and locations, and the organizers are able to ensure the preservation of park resources and the safety of all participants, park visitors, and community members,” according to NPS spokesperson Michael Litterst.

“It is a deliberate process that does not consider the content of the message presented,” Litterst added in a statement to the Blade last November after Trump’s election as president.

Sahand Miraminy, the Capital Pride Alliance director of operations, told the Blade in a statement that it is “customary” for the National Park Service to hold off on issuing a permit until about one week before an event is scheduled to begin. 

“Oftentimes, this is also tied to the agency’s cost estimates for cleanup, turf restoration, and law enforcement reimbursements,” Miraminy said. “Typically, the National Park Service also has a policy of  not sharing detailed event plans for applicants, and we certainly appreciate keeping our detailed event information secure, as it often pertains to the health and safety of our participants,” he said.

“We don’t believe it’s necessary to share with the broad public the exact permits we hold for our events as some reservations are tied to infrastructure and security measures,” Miraminy said, adding that the Capital Pride website is a “great resource” finding the numerous WorldPride events.

The website shows at least one leading event will take place on the National Mall: A June 8 International Rally and March for Freedom will begin on the steps of the Lincoln Memorial and travel from there to near the U.S. Capitol Building, the website states. It says participants in the march will then join the WorldPride Festival and Concert on Pennsylvania Avenue, N.W. near the Capitol scheduled to take place June 7-8.   

Vincent Slatt, an official with D.C.’s Rainbow History Project, is among the lead organizers of that organization’s WorldPride exhibition called “Pickets, Protests and Parades: The History of Gay Pride in Washington, D.C.” The exhibition, scheduled for May 17 through July 7, will be held in Freedom Plaza, the federal parklands site on Pennsylvania Avenue, N.W., between 13th and 14th streets.  

Slatt points out that Rainbow History Project has applied for its own National Park Service permit for the exhibition and, like Capital Pride Alliance, is still waiting for the permit’s approval.

“I can share great news,” Slatt said in a May 4 message to the Blade, “Rainbow History Project had our latest meeting with NPS this morning and she stated that we are on track to receive our permit. There are no problems expected.”

Slatt added, “As of this morning, our permit is only pending the finalized copy of our insurance and safety plan. These are things my board will vote to approve at our May meeting. Everything looks GREAT for RHP and our activity.”

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Virginia

Va. LG opposed marriage equality affirmation bill in handwritten note

Winsome Earle-Sears constitutionally required to sign HB 174 as Senate president

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Virginia Lt. Gov. Winsome Earle-Sears speaks at CPAC in 2023. (Washington Blade photo by Michael Key)

Virginia Lt. Gov. Winsome Earle-Sears last year in a handwritten note indicated her opposition to marriage rights for same-sex couples when she signed a bill that affirmed marriage equality in the state.

Brandon Jarvis of Virginia Scope on May 1 published Earle-Sears’s note on House Bill 174, which state Del. Rozia Henson, a Prince William County Democrat who is gay, introduced.

The Virginia Senate passed HB 174 by a 22-17 vote margin, and the state constitution required Earle-Sears to sign it as the chamber’s president. Republican Gov. Glenn Youngkin signed the measure into law after it received bipartisan support.

“As the lieutenant governor, I recognize and respect my constitutional obligation to adhere to procedures set out in the constitution of Virginia,” wrote Earle-Sears in her note. “However, I remain morally opposed to the content of HB 174 as passed by the General Assembly.”

Earle-Sears, a former U.S. Marine who served in the Virginia House of Delegates from 2002-2004, in 2021 became the first woman elected Virginia’s lieutenant governor. Activists have criticized her for her opposition to LGBTQ rights in Virginia.

She sparked controversy last year when she misgendered state Sen. Danica Roem (D-Manassas), who is transgender, on the Senate floor. Earle-Sears has also spoken at the Conservative Political Action Conference.

Earle-Sears is running to succeed Youngkin as governor once his term ends in January 2026. She will likely face former U.S. Rep. Abigail Spanberger, a Democrat who previously represented Virginia’s 7th Congressional District.

John Reid, a conservative talk show host who is openly gay, last month secured the Republican nomination to succeed Earle-Sears as lieutenant governor. Youngkin has called for Reid to end his campaign amid reports that he posted “pornographic content” on social media.

Reid has strongly denied the reports.

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