Local
Hospital apologizes for ‘delay’ in allowing visit by lesbian partner
Women file discrimination complaint against Washington Adventist Hospital
Washington Adventist Hospital (Washington Blade photo by Michael Key)
The president of the Takoma Park, Md., based Washington Adventist Hospital has apologized for what she says was a “miscommunication” that led to a delay by the hospital in allowing a woman to visit her same-sex partner following the partner’s admission to the emergency room.
But hospital president Joyce Newmyer disputes claims by the two women and the Human Rights Campaign that an initial denial of a request to visit the partner was due to discrimination. Instead, she says it was based entirely on a policy of barring anyone from visiting emergency room patients undergoing initial treatment and evaluation.
Newmeyer’s assessment of the matter is at odds with an account by Takoma Park residents Kathryn Wilderotter and Linda Cole, who have been partners for eleven years and were legally married in Canada in 2004.
The Human Rights Campaign, a national LGBT advocacy group, released a statement saying a hospital staff member declined to allow Cole to visit Wilderotter shortly after Wilderotter was taken by ambulance on Nov.13, 2011 to the hospital’s emergency room because Cole “was reportedly not recognized as a family member.”
Wilderotter told the Blade she suffered a seizure while driving her car, resulting in a crash that led to an injury. She said a female staff member sitting at the front desk at the emergency room entrance declined to allow Cole to visit Wilderotter after Cole told the woman she was Wilderotter’s partner and spouse.
According to Wilderotter, Cole called Wilderotter’s sister, Kristin Biggs, who arrived at the hospital about 20 minutes later. When Biggs approached the same emergency room staff member she introduced herself as Wilderotter’s sister, Wilderotter told the Blade.
The female staff member then replied, “Oh, we have family here now. You can go in,” Wilderotter quoted her partner as informing her.
HRC announced in its Jan. 19 statement that Cole and Wilderotter have filed separate complaints of discrimination over the incident with a joint federal commission that regulates hospitals and the Centers for Medicare and Medicaid Services, an arm of the U.S. Department of Health and Human Services.
“Discrimination during a medical emergency may be one of the worst forms of discrimination LGBT people face,” said HRC President Joe Solmonese. “Recognizing this problem, federal regulations were put in place to end discrimination in healthcare settings and allow all people to be with their loved ones during their most critical moments.”
Solmonese was referring to the implementation in January 2011 of new federal regulations initiated by the Obama administration that require all hospitals participating in Medicaid and Medicare programs to allow patients to designate the persons they wish to see as visitors. The regulations prohibit discrimination in hospital visitation based on sexual orientation and gender identity among other categories.
Since nearly every U.S. hospital participates in Medicaid or Medicare programs the new regulations are said to apply to nearly all hospitals in the country, including Washington Adventist Hospital.
Meanwhile, HRC said in its statement that Washington Adventist Hospital has not responded to its annual survey of healthcare providers, which it uses to publish the HRC Healthcare Equality Index. The index assesses and discloses the policies and practices of hospitals related to LGBT patients and their families.
Newmyer told the Blade on Monday that she didn’t know why the hospital hasn’t returned the HRC survey in past years but said hospital officials were currently working on it and would be sending it to HRC shortly.
In a phone interview with the Blade on Monday, Wilderotter said a hospital executive called the couple six weeks later to say the incident was caused by a new employee unfamiliar with hospital policies and that the hospital apologized for what happened.
Newmyer posted a statement on the hospital website on Jan. 20 saying she was troubled over news media stories reporting the initial denial of visitation was due to discrimination.
“First, I want to express my deepest apologies to Ms. Wilderotter and Ms. Cole for feeling anything less than valued at our hospital,” she said in the statement. “As a policy and a practice, our hospital does not discriminate against anyone regardless of their race, ethnicity, faith, sexual orientation or ability to pay,” she said.
Newmyer told the Blade on Monday that a hospital investigation into the incident shows that a “perfect storm” of miscommunication and coincidence may have led Cole and Wilderotter to believe they were singled out for discrimination.
According to Newmyer, when Cole arrived at the hospital doctors and emergency room attendants were treating Wilderotter and evaluating her condition. She said the hospital has a policy that prohibits anyone from visiting an emergency room patient at this “critical” stage of treatment.
She could not determine exactly what the hospital staff person told Cole at this time, Newmyer said, but she is certain that the denial of the visit would have been issued to anyone arriving at that time. In what she called an unfortunate coincidence, Newmyer said the attending doctors and staff completed their initial evaluation of Wilderotter and cleared her to receive visitors just as Wilderotter’s sister arrived.
When the sister was allowed to enter the emergency room treatment area, Cole understandably could have concluded that her initial denial was due to discrimination rather than the across-the-board policy of delaying visitation during the early stage of treatment, Newmyer said.
Wilderotter said the emergency room staff member’s comment referring to her sister as “family” and saying the sister could enter the area where she was being treated suggests that the staff member believed the sister rather than Cole should be allowed to enter the treatment area for a visit. Wilderotter said she has also heard from friends and others familiar with Washington Adventist Hospital that family members are sometime allowed in to visit a loved one in the emergency room even during the early stage of treatment by doctors and nurses.
“My sister took Linda by the hand and led her in,” said Wilderotter, who noted that she was comforted to see the two of them arrive at her side. Wilderotter said the staff member at the emergency room entrance didn’t attempt to stop Cole from entering the treatment area with her sister.
Catherine Holroyd, a Hyattsville, Md., resident contacted the Blade on Monday to report that she and her lesbian partner have been treated with respect and were fully recognized as a same-sex couple when the two have been admitted to Washington Adventist Hospital on separate occasions as patients.
“I’m a retired nurse,” Holroyd said. “I can tell you that we’ve been treated well at that hospital and so have other gay couples.”
HRC spokesperson Paul Gueguierre said Cole and Widerotter’s discrimination complaint has merit.
“Linda Cole was denied access to her partner during a time of great need,” he said. “Regardless of whether it was a simple communications problem, this was unfortunately a case of healthcare discrimination,” he said.
“We are encouraged by recent statements by hospital administrators that they do not discriminate and will take steps to prevent this from happening again in the future,” Guequierre said. ”We look forward to their participation in the Healthcare Equality Index. The HEI is designed to prevent cases like this one.”
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Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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