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Maryland Senate passes same-sex marriage bill

O’Malley set to sign next week; bruising referendum campaign to begin

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Martin O'Malley

Maryland Gov. Martin O’Malley has pledged to sign a bill extending marriage rights to same-sex couples. (Blade photo by Michael Key)

The Maryland Senate voted 25 to 22 Thursday night to approve a bill to legalize same-sex marriage, clearing its final hurdle in the state legislature before it goes to Gov. Martin O’Malley, who has pledged to sign it.

The historic vote triggered a burst of applause and cheers in the Senate chamber by supportive lawmakers and LGBT activists, who packed the visitor’s gallery.

“We could not be more grateful to the senators who today voted to make all Maryland families stronger,” said Joe Solmonese, president of the Human Rights Campaign, which is a member of Marylanders for Marriage Equality, a coalition of LGBT and allied organizations that pushed for the bill.

“Today we took another giant step toward marriage equality becoming law – and we are in this position due to the unwavering leadership and resolve of Gov. O’Malley and our legislative allies,” Solmonese said.

U.S. House Minority Leader Nancy Pelosi (D-Calif.) called the Senate vote “an extraordinary victory for the people of Maryland and a critical step forward in the march for marriage equality nationwide.”

Pelosi added, “As a native Marylander, this vote is a source of personal pride; as an American this action is a symbol of our progress as a nation and as a people.”

The Senate vote came six days after the Maryland House of Delegates passed the bill by a razor-thin one-vote margin. That vote followed an intense lobbying effort by O’Malley, who is credited with helping to persuade the few wavering Democratic delegates needed to put the bill over the top.

Unlike past years, O’Malley this year introduced the marriage bill as part of his legislative package and placed all of the resources of his office behind the bill.

But supportive and opposing lawmakers acknowledged in the Senate floor debate Thursday night that the Civil Marriage Protection Act now faces its most daunting hurdle — a bruising referendum campaign leading up to the November election, when voters will have the final say on whether the bill should be enacted into law.

Public opinion polls show Maryland voters are nearly evenly divided on the issue of same-sex marriage, with supporters showing a slight lead.

Most political observers believe opponents of the bill have the resources to gather the required number of petition signatures needed to place the measure on the ballot in the November election, when President Barack Obama’s name will also be on the ballot.

The bill died in the House of Delegates last year after clearing the Senate. Supporters decided to pull it from the House floor without a vote after determining they didn’t have the votes to pass it.

The Senate passed the bill last year by a vote of 25-21. Its approval of the bill on Thursday night by a 25-22 vote did not represent a change in the breakdown of supporters and opponents, according to observers at the state capital in Annapolis.

Sen. Joanne Benson (D-Prince George’s County) announced her opposition to the bill last year but was unable to reach the Senate floor to vote at that time, resulting in her being listed as not voting. Benson voted ‘no’ on the bill this time.

She was among 11 Democrats who voted against the bill on Thursday, opposing the 24 Democrats who voted ‘yes’ in the 47-member Senate.

Eleven Republicans voted against the bill, with just one, Sen. Allan Kittleman (R-Carroll & Howard Counties), voting for it.

In the House debate last week several opponents delivered highly emotional speeches condemning the bill as a threat to traditional marriage and an infringement on religious rights. Thursday’s Senate debate was more measured, with opponents saying their positions were based mostly on religious beliefs while expressing respect for same-sex couples.

Sen. Jamie Raskin (D-Montgomery County), an American University law professor, served as floor leader for the marriage bill. LGBT advocates for the bill have long credited him with using a firm but diplomatic approach in refuting arguments that legalizing same-sex marriage would infringe on religious rights or create problems for traditional marriage.

Sen. Rich Madaleno (D-Montgomery County), the Senate’s only openly gay member, called on his colleagues to support the bill to provide equality and dignity to “all” families, including those headed by same-sex couples.

“We all cherish families,” he said, adding that the bill is intended for “people who find love and want a family.”

Noting that he and his partner are raising two kids, Madaleno said he considers himself a “married man” and part of the “family of Maryland” without the right to legalize his and his partner’s relationship with a marriage license.

“It is the marriage license that symbolizes the commitment,” he said. “It makes it worthwhile. I want that marriage license in the State of Maryland.”

In his closing remarks, Raskin praised his fellow senators on both sides of the political aisle for their “extraordinary civility and decency and even affection that pervaded these very tough discussions.”

He told of his personal bout with colon cancer last year, just as the Senate deliberated over the marriage bill, saying his doctors have given him a “clean bill of health” at this time.

“But I learned that there is a difference between misfortune and injustice in life,” he said, noting that a cancer diagnosis, which can happen to anyone, is a misfortune.

“But if you find someone to love in this life and to have and to hold and to dedicate your life to and you have kids together and you want to be married… and you can’t do it, that’s not a misfortune, that’s an injustice because we have the power to do something about it,” he said. “And today we have.”

Senate observers said Senate President Thomas V. Mike Miller (D-Anne Arundel County), who voted against the bill, took the unusual step of explaining why he did so. Miller, who has said all along that he opposes same-sex marriage on religious grounds, has been praised by the bill’s supporters for making sure it would reach the floor for a vote.

“Am I on the wrong side of history?” he asked. “As a historian, there is no doubt about it… I believe marriage is between a husband and a wife and that is why I voted the way I did,” he said.

Should Maryland’s marriage equality bill clear the referendum hurdle, the state joins D.C., Massachusetts, New York, Iowa, New Hampshire, Connecticut, Vermont and Washington State in allowing same-sex couples to marry.

“There remains a lot of work to do between now and November to make marriage equality a reality in Maryland,” said HRC’s Solmonese. “Along with coalition partners, we look forward to educating and engaging voters about what this bill does. It strengthens all Maryland families and protects religious liberty.”

Evan Wolfson, executive director of Freedom to Marry, the national same-sex marriage advocacy organization, startled HRC and other partners of the Marylanders for Marriage Equality coalition earlier this year when he expressed concern that supporters of the bill had not demonstrated the capability to win in a referendum fight.

“Lesbian and gay couples, their families, and non-gay friends and neighbors made a powerful case for the freedom to marry, which all should enjoy,” Wolfson told the Blade after the Maryland Senate vote Thursday night.

“The lawmakers responded to these moving stories of love and commitment,” he said. “Now, HRC, Marylanders for Marriage Equality, and those who led the passage of this bill must defend it against the attack coming in November. “

Asked if Freedom to Marry would become involved in the Maryland referendum fight, Wolfson said only, “You have my comment.”

 

Here’s how Maryland’s senators voted:

Voting Yea

Brochin, James (D) Baltimore Co.

Conway, Joan Carter (D) Baltimore

Ferguson, William C., IV (D) Baltimore

Forehand, Jennie M. (D) Montgomery

Frosh, Brian E. (D) Montgomery

Garagiola, Robert J. (D) Montgomery

Gladden, Lisa A. (D) Baltimore

Jones-Rodwell, Verna L. (D) Baltimore

Kasemeyer, Edward J. (D) Howard

Kelley, Delores G. (D) Baltimore Co.

King, Nancy J. (D) Montgomery

Kittleman, Allan H. (R) Howard

Klausmeier, Katherine A. (D) Baltimore Co.

Madaleno, Richard S., Jr. (D) Montgomery

Manno, Roger (D) Montgomery

McFadden, Nathaniel J. (D) Baltimore

Montgomery, Karen S. (D) Montgomery

Pinsky, Paul G. (D) Prince George’s

Pugh, Catherine E. (D) Baltimore

Ramirez, Victor R. (D) Prince George’s

Raskin, Jamie B. (D) Montgomery

Robey, James N. (D) Howard

Rosapepe, James C. (D) Prince George’s

Young, Ronald N. (D) Frederick

Zirkin, Robert A. (D) Baltimore Co.

 

Voting Nay

Astle, John C. (D) Anne Arundel

Benson, Joanne C. (D) Prince George’s

Brinkley, David R. (R) Frederick

Colburn, Richard F. (R) Dorchester

Currie, Ulysses (D), Prince George’s

DeGrange, James E., Sr. (D) Anne Arundel

Dyson, Roy P. (D) St. Mary’s

Edwards, George C. (R) Garrett

Getty, Joseph M. (R), Carroll

Glassman, Barry (R) Harford

Jacobs, Nancy (R) Harford

Jennings, J. B. (R) Harford

Mathias, James N., Jr. (D) Worcester

Middleton, Thomas M. (D) Charles

Miller, Thomas V. Mike (D) Calvert

Muse, C. Anthony (D) Prince George’s

Peters, Douglas J. J. (D) Prince George’s

Pipkin, E. J. (R) Cecil

Reilly, Edward R. (R) Anne Arundel

Shank, Christopher B. (R) Washington

Simonaire, Bryan W. (R) Anne Arundel

Stone, Norman R., Jr. (D) Baltimore Co.

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Local

Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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District of Columbia

New queer bar Rush beset by troubles; liquor license suspended

Staff claim they haven’t been paid, turn to GoFundMe as holidays approach

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A scene from the dance floor of Rush at a preview night on Friday, Nov. 28. (Washington Blade photo by Michael Key)

The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.

Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.  

The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”

The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED  until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”

ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for  $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.

Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol. 

But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays. 

Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.

He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment. 

As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments. 

A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.

The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.

Mosley on Thursday responded to the reports about his business with a statement on the Rush website. 

He claims that employees were not paid because of a “tax-related mismatch between federal and District records” and that some performers were later paid. He offers a convoluted explanation as to why payroll wasn’t processed after the tax issue was resolved, claiming the bank issued paper checks.

“After contacting our payroll provider and bank, it was determined that electronic funds had been halted overnight,” according to the statement. “The only parties capable of doing so were the managers of the outside investment syndicate that agreed to handle our stabilization over the course of the initial three months in business.”  

Mosley further said he has not left the D.C. area and denounced “rumors” spread by a former employee. He disputes the ABCA assertion that the Rush liquor license was suspended due to a “bounced check.” Mosley ends his post by insisting that Rush will reopen, though he did not provide a reopening date.  

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District of Columbia

Brian Footer suspends campaign for Ward 1 D.C. Council seat

Race’s third LGBTQ candidate cites family reasons for ‘stepping back’

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Brian Footer (Photo courtesy of Brian Footer)

Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.

“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”

Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.

Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.

At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.

In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.

“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”

Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.

His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.

“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”

Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”  

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