Local
Maryland to take up marriage, trans bills
Lawmakers return next week; supporters plan Feb. lobbying events
Maryland Gov. Martin O’Malley announced plans last year to include a same-sex marriage bill as part of his administration’s legislative package in 2012. (Washington Blade file photo by Michael Key)
Bills calling for legalizing same-sex marriage and banning discrimination against transgender persons are among the hot-button issues set to emerge next week when the Maryland State Legislature begins its 2012 session.
Officials with an expanded coalition backing the marriage bill and a new transgender advocacy group leading the effort on behalf of the Gender Identity Non-Discrimination Act say they are hopeful that the legislature will pass both measures before it adjourns for the year in April.
“It’s all hands on deck with both bills,” said Carrie Evans, executive director of the statewide LGBT group Equality Maryland. “We’re talking to many lawmakers, including Republicans.”
Evans and others working on the two bills were cautious about predicting when leaders of the Maryland Senate and House of Delegates will bring the measures up for a vote, saying control over the timing of the bills was exclusively in the hands of the lawmakers.
Supporters were also cautious about disclosing strategy for defeating an expected voter referendum that experts say will almost certainly be brought before the electorate in November – in the midst of the U.S. presidential election – if the Maryland Legislature passes a marriage bill this spring.
Public opinion polls show voters in the state are evenly divided over whether to vote for or against same-sex marriage.
Under rules of the Maryland Legislature, the committees with jurisdiction over the bills must hold a public hearing on the marriage and gender identity bills, even though the two bills were the subject of lengthy and contentious hearings less than a year ago during the legislature’s 2011 session.
The Democratic-controlled Senate approved the marriage bill last March in what supporters called an historic 25-21 vote. But the Democratic-controlled House of Delegates killed the measure for the year by voting to send it back to committee after supporters determined they were a few votes short of the 71 votes needed to pass it in the 141-member House.
In what some called an ironic twist, the House of Delegates passed the transgender bill last year before the Senate killed it by voting to send it back to a Senate committee. Senate President Thomas V. Mike Miller (D-Prince George’s and Calvert Counties) reportedly orchestrated the decision to hold off on a Senate vote, saying a number of key supporters changed their minds and threatened to vote against the bill.
Shortly after the defeat of the marriage bill last year, supporters led by the Human Rights Campaign formed Marylanders for Marriage Equality, an expanded coalition of organizations with a track record of political clout with state lawmakers. Among the coalition partners are the NAACP of Baltimore, the Maryland ACLU, and the Service Employees International Union (SEIU). The National Gay and Lesbian Task Force, Equality Maryland and HRC are also members of the coalition.
Coalition spokesperson Kevin Nix of HRC has said each coalition partner brings unique skills and expertise to the lobbying effort on behalf of the marriage bill.
But coalition officials haven’t disclosed which, if any, lawmakers who were uncommitted or against the bill last year have indicated support this time around.
“The good news and the bad news is the legislators are the same,” said Mark McLaurin, a gay man who serves as political director for the Local 500 of the SEIU of Maryland.
He noted that having the same players is helpful to a degree because they are already informed on the marriage and transgender bills. But McLaurin cautioned that with no election taking place since the 2011 legislative session, it may be hard to line up the additional supporters needed to pass the bills.
“Quite frankly, despite the great work that’s been done since the last session, I haven’t heard very many announced conversions from no to yes,” he said. “So in many respects I feel we’re in the same place that we were.”
Like others lobbying for the marriage bill, McLaurin said he is hopeful that Gov. Martin O’Malley’s decision to include the marriage and transgender bills as part of his legislative package this year will provide an important boost for both measures.
McLaurin, a former board member of Equality Maryland, criticized LGBT advocates and supportive lawmakers last year for their decision to withdraw the marriage bill from the House rather than bring it up for a vote. He said a vote would have helped in the lobbying efforts this year by identifying for certain where lawmakers stand on the marriage measure.
Other supporters disagree with that view, saying a vote last year would have forced wavering House members to take a position, possibly against the bill, making it more difficult for them to vote for it this year without being labeled as “flip-floppers.”
Veteran transgender advocate Dana Beyer, executive director of Gender Rights Maryland, the newly formed statewide group, said a number of important developments since the transgender bill died in the legislature last year have given the bill “great momentum” this year.
Among the developments are O’Malley’s strong endorsement of the bill and his pledge to make it one of his legislative priorities, said Beyer. She noted that O’Malley responded, in part, to the flurry of publicity surrounding the beating of transgender woman Chrissy Lee Polis at a McDonald’s restaurant outside Baltimore in April. The beating, which was captured on video taken by a McDonald’s employee, created a national sensation and boosted support in Maryland for transgender non-discrimination legislation.
In two other developments, the Howard County, Md., legislature passed a gender identity non-discrimination bill in December and the Eleventh Circuit U.S. Court of Appeals ruled that same month that a transgender woman fired from her job in Georgia was protected from discrimination by the U.S. Constitution’s equal protection clause barring gender-related discrimination.
“All of these things are giving this bill tremendous momentum,” Beyer said. “I feel really good about where things stand.”
Opposition to the marriage bill, coordinated last year by the National Organization for Marriage, is being spearheaded this year by the Maryland Marriage Alliance, a state coalition with ties to NOM.
“Special interest groups are pressuring politicians in Annapolis to redefine marriage in Maryland – despite the strong opposition of a majority of Maryland citizens,” the group says on its website. “A large outcry throughout the state convinced our elected officials last year to reject this drastic action, but the threat is raising its head again,” the web message says.
The group is calling on Marylanders to send contributions to support its effort to oppose the marriage equality bill and to “protect” marriage as a union of “one man and one woman.”
It has announced plans for a rally against the bill in Annapolis early this year and is encouraging churches to call on their congregations to oppose the bill on a regular basis during Sunday sermons.
Supporters of the marriage bill say the approval of a similar bill by the New York Legislature last year, under the strong leadership of New York’s Democratic governor, Andrew Cuomo, would also help the effort in Maryland.
Leaders of Marylanders for Marriage Equality, including HRC officials involved with the coalition, have yet to disclose their views on possible changes in the wording of the Maryland bill. But speculation has surfaced that O’Malley and supportive lawmakers in the legislature might follow Cuomo’s decision to add a new provision to expand the bill’s exemption for religious organizations.
Cuomo reportedly persuaded some wavering lawmakers to support the New York marriage bill by agreeing to add a provision that allows religious organizations other than churches, including some businesses, to refuse to rent their facilities or provide services, such as catering or the sale of wedding gowns, for same-sex marriages.
Gay rights groups that had been opposed to such exemptions went along with Cuomo’s backing of the exemptions.
When asked about a possible broadening of the religious exemption provision of the Maryland marriage bill, Nix, the spokesperson for Marylanders for Marriage Equality, said only, “Governor O’Malley is committed to ensuring that religious institutions are protected under Maryland law.”
Equality Maryland, meanwhile, announced this week a series of events and activities it will sponsor to push for the marriage bill. Among them are nightly phone banks staffed by volunteers across the state; a Feb. 1 prayer breakfast and Clergy Lobby Day in Annapolis; and a Feb. 13 lobby day in Annapolis in which LGBT advocates from across the state will visit their representatives to urge support for the marriage bill.
“Equality Maryland will also work with Gender Rights Maryland to pass a bill that will add protections in existing anti-discrimination laws for transgender individuals,” according to a statement issued this week by Equality Maryland.
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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