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Kameny’s ashes remain in storage

Cemetery president proposes end to burial impasse

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A headstone and a separate marker inscribed with Frank Kameny’s famous slogan ‘Gay is Good’ have been removed from his gravesite in Congressional Cemetery. (Blade photo by Michael Key)

Nearly 10 months after nationally acclaimed gay rights leader Frank Kameny died in his Washington home at the age of 86, an urn bearing his ashes continues to sit on a shelf in a storage vault in the headquarters building of D.C.’s historic Congressional Cemetery.

Cemetery officials said a dispute between Kameny’s estate and the D.C. gay charitable group Helping Our Brothers and Sisters (HOBS) over ownership rights to the plot where Kameny’s ashes were scheduled to be interred on March 2 forced the cancellation of the interment. HOBS purchased the plot earlier this year without consulting the estate, a development that the estate’s attorney says triggered the dispute.

The ashes, along with a headstone provided by the U.S. Veterans Administration recognizing Kameny’s military service during World War II and a separate marker inscribed with Kameny’s famous slogan “Gay is Good” have languished in storage at the cemetery since shortly after the interment was cancelled.

But in a surprise development on Wednesday, Congressional Cemetery’s new president, Paul Williams, disclosed in an email to the estate and HOBS that HOBS never had legal ownership rights to the Kameny plot because it failed to pay the balance on the purchase price.

“Because it had a balance, no deed was issued for the site to HOBS,” Williams said in his email.

“I propose we issue the deed directly to the estate (copy to HOBS) showing proof of ownership,” he wrote. “The estate would also need to sign an authorization of interment, which can be done at the same time. Then, we can replace the two stones in storage that we also have onsite and proceed with a private interment,” Williams wrote.

Glen Ackerman, an attorney representing the estate on behalf of Timothy Clark, whom Kameny named in his will as the main beneficiary of the estate, said the estate has accepted Williams’ proposal.

He said Williams’ disclosure that HOBS never had a deed to the cemetery plot and that the cemetery would issue the deed to the estate effectively ends the dispute by turning over the plot to Clark and the estate.

HOBS President Marvin Carter couldn’t immediately be reached Wednesday afternoon to comment on Williams’ disclosure that the cemetery planned to issue to the Kameny estate the deed to the cemetery plot.

Ackerman has said all along that the dispute centered on the estate’s desire to own the cemetery plot to ensure, among other things, that no one else would be buried or interred in the plot.

Under cemetery rules, two coffins and three urns may be buried or interred in Congressional Cemetery plots.

HOBS, which purchased the cemetery plot earlier this year from money donated by Kameny’s friends and admirers, has said it had no intention of burying others at the site.

Carter has said he and HOBS were always willing to transfer ownership of the plot to the estate. But people familiar with the dispute have said the point of contention was whether the estate should reimburse HOBS for the purchase price of the plot.

Ackerman has said Clark’s position was that donors from the LGBT community put up the money to buy the plot by giving it to HOBS, a non-profit group with tax-exempt status, so the donors could receive a tax deduction on their contribution. HOBS, in turn, made the purchase on behalf of the donors, the estate has maintained.

Meanwhile, the cemetery’s former interim director, Patrick Crowley, said he had the headstone and marker removed from the gravesite earlier this year until the estate and HOBS reached an agreement over final ownership of the plot.

Ackerman has said Clark and the estate became alarmed in February when a small group of Kameny friends announced in a press release that an interment ceremony for Kameny’s ashes would take place at the cemetery on March 3. Ackerman said organizers of the interment never consulted Clark or the estate, even though the estate had legal rights to the ashes.

Organizers of the interment ceremony abruptly cancelled the ceremony and burial the day before it was scheduled to take place on March 3, saying they did so out of “respect” for the Kameny estate. The urn bearing Kameny’s ashes has been in storage in the cemetery’s offices at 1801 E St., S.E. ever since that time.

The burial ceremony organizers, led by gay rights advocates and longtime Kameny friends Charles Francis and Bob Witeck, have said through intermediaries at the time that they invited Clark to participate in the ceremony and attempted to keep him informed of their plans. They said Ackerman refused to allow them to speak directly to Clark.

Gay activist and longtime Kameny friend Rick Rosendall, who was scheduled to speak at the Kameny interment ceremony, said it was his understanding that it was the estate’s “demand that no interment could be held until the deed to the burial plot was turned over to the estate that led to the event’s cancellation.”

Rosendall said he expressed his hope at the time that the dispute could be resolved. “That is still my hope,” he said.

Ackerman said the estate didn’t learn of the burial service until it obtained a copy of the organizers’ Feb. 13 press release announcing the ceremony.

He said the Kameny friends’ decision to organize the burial without initially consulting Clark or the estate created an atmosphere of mistrust between the two parties. Because of that, he said, Clark has insisted that ownership of the cemetery plot be transferred from HOBS to the estate without charge before the estate would consent to allowing the ashes to be buried.

Clark told the Blade in an interview earlier this year that he planned to keep half of the ashes and would donate the remaining half to be interred at Congressional Cemetery.

Francis and Witeck took initial possession of the ashes following Kameny’s death after Kameny’s sister, Edna Kameny, Kameny’s surviving next of kin, signed over power of attorney for Kameny’s remains to Witeck. Edna Kameny, who lives in New York and is in frail health, told the Blade she was pleased to entrust to Witeck and other Kameny friends the task of carrying out her brother’s stated wish to be cremated and to make funeral and memorial arrangements.

Once the details of Kameny’s will became known, including Clark’s role as personal representative or executor of the estate, Ackerman said it became clear that Clark and the estate should take possession of the ashes.

But when Clark sought to obtain possession of the ashes he said Francis told him the ashes had already been buried, a development that contributed to the mistrust between the estate and the Kameny friends organizing the burial.

Ackerman said it wasn’t until the estate saw the Feb. 13 press release announcing the interment ceremony at Congressional Cemetery that he and Clark learned the ashes had not, in fact, been buried.

When contacted on Wednesday, Francis said he had no comment on the matter, saying the dispute over the ashes is between the estate and HOBS and he has nothing to do with it.

Last week, Congressional Cemetery President Williams said he was hopeful that the dispute between the two parties would be resolved soon but said he couldn’t predict when that would happen.

“We have a little movement,” he told the Blade on July 27, saying negotiations were taking place between the estate and HOBS.

“It’s all confidential so far until everything’s signed. But I can tell you that the two parties have come to an agreement, that being the estate and Helping Our Brothers and Sisters.”

Before being removed earlier this year from this gravesite, the head and foot stones for Frank Kameny were located to the left and in front of head stone shown here, which marks the grave of another person. (Blade photo by Lou Chibbaro Jr.)

However, when reached two days later by phone, Carter told the Blade Williams had just informed him he had a proposal to resolve the dispute but that Williams did not provide any details about the proposal. Carter said Williams told him he would take steps to provide those details soon.

“HOBS has always been willing to work things out,” Carter said. “We’re not interested in continuing to own the gravesite.”

Carter told the Blade in a phone interview on July 29 that he had been out of town for the past few weeks and didn’t have a chance to check mail that may have been sent to HOBS.

“But no one from the estate has called me or emailed me about this recently,” he said. “They have my number and email address.”

Ackerman disputes this assertion, saying he and his law firm repeatedly sent written material to Carter by certified mail. He said the mail was returned to the law firm marked “refused” by recipient.

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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