Local
U.S. Attorney challenges use of civil rights law
Government defends Library of Congress in firing of gay employee
Peter TerVeer (Blade photo by Michael Key)
The United States Attorney for the District of Columbia filed court papers on Dec. 17 arguing that a gay man, who sued the Library of Congress for firing him because of his sexual orientation, failed to show he’s entitled to protection under Title VII of the U.S. Civil Rights Act of 1964.
The court filing by U.S. Attorney Ronald C. Machen Jr., who was appointed by President Obama, places the Obama administration in the awkward position of opposing a gay discrimination claim under Title VII.
In a lawsuit filed against the Library of Congress in August 2012, former management analyst Peter TerVeer, 30, says he was fired from his job after being harassed and humiliated for more than a year by a supervisor who repeatedly quoted biblical passages condemning homosexuality.
The lawsuit charges that although TerVeer was targeted because he’s gay, he suffered employment discrimination and harassment based on his gender, gender stereotyping and his religious beliefs, which he says didn’t conform to those of supervisor John Mech.
Title VII of the famed 1964 Civil Rights Act bans discrimination based on race, religion, ethnicity, gender and, according to recent court rulings, gender identity, but not sexual orientation by itself.
According to the lawsuit, TerVeer and Mech had a cordial working relationship from the time TerVeer was hired in February 2008 as a management analyst in the library’s Auditing Division. It says TerVeer received high performance ratings and two promotions between 2008 and 2010.
The lawsuit says Mech allegedly became hostile and unfairly critical of TerVeer’s work performance and created an unbearably hostile work environment after Mech learned TerVeer was gay.
The government’s filing of a motion to dismiss the case on legal and procedural grounds comes at a time when gay rights attorneys are seeking to persuade courts to treat anti-gay discrimination as a form of sex discrimination protected under Title VII.
“We believe that the allegations in the complaint are insufficient to substantiate a Title VII claim,” said Charles Miller, a spokesperson for the Justice Department’s Civil Division.
Miller pointed to an April 2012 ruling by the Library of Congress’s in-house equal employment opportunity division, which investigated TerVeer’s allegations of discrimination and harassment and dismissed an in-house complaint he filed in September 2011 on grounds that the allegations could not be substantiated.
“The Executive Branch is of course opposed to discrimination on the basis of sexual orientation, and this filing does not reflect any contrary policy,” Miller told the Blade.
But Christopher Brown of the D.C. law firm Ackerman Brown, which is representing TerVeer, said the government’s motion to dismiss the case “relies on legal precedent that excludes LGBT employees from protection under Title VII.”
Brown declined to comment further on the government’s arguments, saying TerVeer’s legal team prefers not to comment in detail on pending litigation.
Greg Nevins, supervising attorney for the gay litigation group Lambda Legal Defense and Education Fund, which is monitoring the TerVeer case, said the government’s motion to dismiss appears to be arguing that TerVeer did not present sufficient evidence to show that his supervisor targeted him for discrimination because TerVeer displayed mannerisms or behavior of a stereotypical gay man, which some might view as being effeminate.
“I think what the U.S. Attorney is saying here is a masculine gay man or a feminine lesbian would not be covered under Title VII,” Nevins said. “Some court rulings have essentially said Title VII does not apply to sexual orientation.”
In a landmark ruling last April, the U.S. Equal Employment Opportunity Commission declared that transgender people are protected against job discrimination under Title VII because bias against their gender identity is equivalent to sex discrimination. The EEOC ruling followed several appeals court decisions holding that transgender people were protected under Title VII.
Lambda Legal and other LGBT advocacy organizations say they hope to persuade courts that gay men and lesbians enjoy Title VII protections. They argue that sexual orientation discrimination is also linked to gender role stereotyping and bias, regardless of whether the victim is perceived as masculine or feminine.
TerVeer’s lawsuit says he also was targeted for retaliation after he filed his discrimination complaint with the library’s in-house EEO office, which is known as the Office of Opportunity, Inclusiveness and Compliance.
“Plaintiff’s discrimination and retaliation claims fall short,” Machen and two other government attorneys argue in their Dec. 17 motion seeking to dismiss the case, which was filed in U.S. District Court for the District of Columbia.
“Plaintiff alleges that he was subject to harassment after his employer learned that he was gay, and he presents his claim as one of non-conformity with sex stereotypes,” the motion to dismiss says. “But the detailed allegations in the complaint do not provide what courts have held is required to show that sex stereotyping was the cause of his employer’s actions.”
The motion to dismiss adds, “[C]ourts have generally required plaintiffs to set forth specific allegations regarding the particular ways in which an employee failed to conform to such stereotypes — generally relating to an employee’s behavior, demeanor or appearance in the workplace — and allegations to support the claim that this non-conformity negatively influenced the employer’s decision … In this case, however, plaintiff fails to offer anything more than the conclusory statement that, as a result of his sexual orientation, ‘he did not conform to the defendant’s gender stereotypes associated with men under Mech’s supervision.’”
One civil rights attorney familiar with the case, who spoke on condition of anonymity, said the U.S. Attorney’s office was fulfilling its role in defending its client — the Library of Congress — and should not be faulted for arguing against TerVeer’s attempt to invoke protection from Title VII.
“The government’s argument that the complainant fails to allege sufficient facts to state a claim … are typical arguments that they’d make equally if the plaintiff were female or black rather than gay,” the attorney said.
The government’s motion to dismiss the case is based mostly on procedural and legal grounds rather than on the merits of TerVeer’s specific allegations of discrimination and retaliation.
The government’s motion cites legal and procedural grounds to seek the dismissal of a separate claim in the lawsuit that the firing violated TerVeer’s Fifth Amendment constitutional right to due process and equal protection under the law.
In addition, it cites procedural grounds to call on the court to dismiss separate claims in the lawsuit that the library violated the Library of Congress Act, which bans discrimination based on factors unrelated to an employee’s ability to perform his or her job; and an internal library policy banning sexual orientation discrimination.
Library investigation finds no substantiation of discrimination
The motion to dismiss releases publicly for the first time the April 26, 2012 ruling by the library’s Office of Opportunity, Inclusiveness and Compliance (OIC) that rejects TerVeer’s allegations on grounds that they could not be substantiated or proven.
The 14-page ruling by the OIC, which was filed in court by the U.S. Attorney’s office as “Exhibit D,” was based on an in-house library investigation into a discrimination complaint filed by TerVeer on Nov. 9, 2011, according to OIC acting supervisor Vicki Magnus.
Magnus discusses the findings in an April 26 letter to Brown, TerVeer’s attorney, which the U.S. Attorney’s office submitted in court as part of Exhibit D.
“Based on the available evidence, the Office of Opportunity, Inclusiveness and Compliance (OIC) does not find sufficient evidence to support Complainant’s allegations that he was discriminated against based on religion, sex, and reprisal, and that he was subjected to sexual harassment and a hostile work environment in his meetings with supervisors regarding performance and in actions taken by supervisors regarding his performance,” Magnus said in her letter.
In what potentially could be damaging to TerVeer’s lawsuit, Magnus notes that the OIC investigation into TerVeer’s discrimination and retaliation complaint included interviews of and testimony by five of TerVeer’s co-workers. Each of the five testified that they personally observed less than satisfactory work performance by TerVeer, according to the OIC ruling.
In his complaint, TerVeer accuses his immediate supervisor, John Mech, and a higher level supervisor, Nicholas Christopher, of giving him a lower job performance rating based on anti-gay bias.
The five co-workers, “each of whom personally observed complainant’s performance, fully support the reasons presented by management justifying their decision to issue complainant poor performance ratings and to deny complainant a [performance based salary increase].”
Brown, TerVeer’s attorney, declined to comment on the OIC ruling or its potential impact on the lawsuit.
The library’s official reason for firing TerVeer was his failure to report to work after a leave of absence he requested and received permission to take had expired. TerVeer told reporters in a news conference in April that his doctor and therapist urged him to take a leave from work after the hostile work environment he said Mech created caused him to suffer severe emotional distress.
He said the library refused to grant his request to be transferred to another office under another supervisor, making it impossible for him to return to work.
Virginia
LGBTQ groups to join Spanberger inaugural parade
Virginia Pride among more than 25 orgs to march in Jan.17 event
Virginia Gov.-Elect Abigail Spanberger’s inaugural committee announced on Jan. 2 that at least two LGBTQ organizations will be among more than 25 state-based organizations, including marching bands, that will participate in her inaugural parade on Jan. 17.
A statement released by the inaugural committee says the parade will take place immediately after Spanberger is sworn in as Virginia’s 75th governor and delivers her inaugural address in Richmond.
The statement lists the LGBTQ groups Equality Virginia and Diversity Richmond as two groups participating in the parade, although the two groups merged in 2021, with Virginia Pride becoming a project of Diversity Richmond. Among other things, Virginia Pride organizes Richmond’s annual LGBTQ Pride events.
“A display of the impressive talent and beauty of every corner of Virginia, our inaugural parade will be a celebration of all that makes our Commonwealth strong,” Spanberger said in the Jan. 2 statement. “I’m excited for attendees in the stands on Capitol Square and families watching together at home to see this incredible showing of Virginia pride,” she said.
James Millner, who serves as executive director of Virginia Pride, told the Washington Blade about 75 people are expected to join the Virginia Pride-Diversity Richmond contingent in the parade. He said among them will be members of other Virginia LGBTQ organizations.
“We’re going to invite our staff, our board, our volunteers, and our community partners to join us,” Millner said.
“We are thrilled and honored to have been invited to participate in Abigail Spanberger’s inauguration festivities,” he added. “I think this represents a marked change from the previous administration and demonstrates what she campaigned on – which is she sees the diversity of the Commonwealth as a strength that needs to be celebrated,” he said. “And we are very happy that she has invited us to represent the diversity of the commonwealth.”
Millner appeared to reflect on the sentiment of the large majority of Virginia’s LGBTQ community in its support for Democrat Spanberger over Republican Lt. Gov. Winsome Earle-Sears in the November 2025 Virginia election and the end of incumbent GOP Gov. Glenn Youngkin’s term in office on Jan. 17.
“After what we’ve been through with the Younkin administration, especially in its treatment of LGBTQ folks, especially transgender and nonconforming folks, I think we are all breathing easy and excited about what opportunities will exist in working with Abigail Spanberger,” he told the Blade.
District of Columbia
Two pioneering gay journalists to speak at Thursday event
Blade’s Chibbaro, Falls Church News-Press’s Benton talk long careers
Two local gay journalists will speak on a panel this week about their long, pioneering careers.
A celebration of the Falls Church News-Press’s Nicholas Benton and the Washington Blade’s Lou Chibbaro Jr., two trailblazing LGBTQ journalists who have spent decades reporting on the front lines of social, cultural, legal, and political change in America, will be held this Thursday, Jan. 8, at the Women’s National Democratic Club of Washington. D.C., 1526 New Hampshire Avenue, N.W., at 6 p.m., according to a statement from organizers.
The program will explore their journeys, the evolution of LGBTQ journalism, and the ongoing fight for equality and justice. Benton and Chibbaro will also examine the various factors causing many news outlets to cease print publication and their energetic efforts to continue publishing their work both in print and online.
EVENT DETAILS:
- Remarks and Q&A, in-person and via Zoom.
- 6 p.m. complimentary hors d’oeuvres and cash bar; 6:30–7:30 p.m. program followed by book signing.
- Zoom only: $10. In-person: members: $20, nonmembers: $30 plus tax.
Benton’s latest book, “Please Don’t Eat Your Children, Cult Century, and Other Essays,” will be available for purchase at the event.
Benton is a longtime local journalist and LGBTQ rights activist whose work has had a lasting impact on both community journalism and social justice. Author of the first-ever editorial in the pioneering Gay Sunshine newspaper in 1970, he is best known as the founder, owner, and editor of the Falls Church News-Press, an independent weekly newspaper he launched in 1991 and is the paper of record for the City of Falls Church, Virginia.
Chibbaro is the senior news reporter for the Washington Blade and a pioneering journalist in LGBTQ news coverage. He has reported on the LGBTQ rights movement and community continuously since 1976, first as a freelance writer and later as a staff reporter, joining the Blade in 1984.
The year 2025 brought unprecedented challenges to D.C. as President Trump initiated a takeover of local police operations and implemented ICE raids in the city. Below are our picks for the top 10 LGBTQ news stories of the year.
10. Man gets 15 years for drug sale that led to deaths of two gay men
A D.C. man was sentenced by a federal judge on June 26, 2025, to 15 years in prison after he pleaded guilty three months earlier to conspiracy related charges that he distributed large amounts of fentanyl and cocaine in the D.C. area, including the sale of fentanyl that resulted in the December 2023 deaths of two D.C. gay men.
A statement released by the Office of the U.S. Attorney for D.C. said Jevaughn Mark, 33, was charged, among other things, with selling fentanyl rather than the requested ketamine, known as “Special K,” to one of the two gay victims who shared the drug with his gay friend. Police identified the men as Brandon Roman, 38, a prominent D.C. attorney and LGBTQ rights advocate, and Robbie Barletta, 28, a home renovation business owner and historic preservationist.
An official with the D.C.-based group HIPS, which provides services to drug users, called the deaths of the two men a poisoning rather than an overdose because they unknowingly consumed the highly toxic fentanyl rather than the ketamine they thought they had.
9. Drag queens, protesters denounce Trump’s Kennedy Center takeover
D.C. drag performer Tara Hoot was among other drag queens and about 100 supporters who marched in February from Washington Circle to the Kennedy Center to protest President Donald Trump’s Kennedy Center “takeover” by his appointment of Trump supporters to the performing arts facility’s board of directors.
Hoot and three other local drag performers followed up with their own Kennedy Center protest in June by attending the Kennedy Center’s opening night performance of “Les Misérables” while Trump himself was in attendance. Among the concerns raised by the protesters was the Kennedy Center’s decision in February to cancel a performance by the Gay Men’s Chorus of Washington scheduled for May to celebrate the upcoming WorldPride 2025 DC events. A Kennedy Center spokesperson said the performance was canceled because of “financial” and “scheduling” factors and not by the Trump initiated management changes.
8. D.C. LGBTQ Center celebrates opening of new, larger offices
The D.C. LGBTQ+ Community Center officially opened its new expanded offices on April 26 at 1828 Wiltberger St., N.W., located one block from the Shaw Metro station.
Spanning 6,671 square feet of intentionally designed space, Center Director Kimberley Bush said the new space would offer a wide range of resources for LGBTQ individuals in need – including mental health services, job readiness programs, cultural events and community support groups, all under one roof.
7. Deaths of five key local LGBTQ advocates in 2025
The LGBTQ community took note of the passing of at least five highly regarded local LGBTQ advocates in 2025. Among them were Jeri Hughes, 73, a longtime local transgender rights activist; Dale Sanders, 75, a highly acclaimed D.C. attorney for more than 40 years who played a leading role in providing legal services to people with HIV/AIDS; Patrick Shaw, 60, a highly regarded D.C. public schools teacher; Thomas Mangrum, 61, an acclaimed advocate for people with disabilities and LGBTQ rights activist involved in the city’s Capital Pride events; and Loraine Hutchins, a nationally known and acclaimed advocate for bisexual and LGBTQ rights, and co-author and editor of a groundbreaking book on bisexuality.
6. Pro-LGBTQ Spanberger elected Va. governor
Former congresswoman and longtime LGBTQ rights supporter Abigail Spanberger (D) won her race for governor of Virginia on Nov. 6, defeating the state’s Republican lieutenant governor, Winsome Earle-Sears, who expressed strong opposition to LGBTQ equality. Spanberger, who will succeed incumbent GOP Gov. Glenn Youngkin in January, becomes Virginia’s first female governor.
Meanwhile, John Reid, a gay conservative radio talk show host in Richmond for many years, lost his race as the Republican candidate for lieutenant governor in Virginia, falling short of becoming the state’s first openly gay person to win a statewide office. Reid lost to Democrat Ghazala Hashmi, a member of the Virginia State Senate, who became the first Muslim woman to win election to a statewide office in any state.
5. Trans erasure hits D.C.
The National Park Service, which owns and maintains Dupont Circle as a federal park, in February removed all references to transgender people from its website devoted to Dupont Circle history. In a development believed to be linked to one of President Trump’s early executive orders banning federal support for trans related issues, the Park Service removed all mention of trans people from its website but left on the site multiple references to the “GLB community.”
In yet another act of what LGBTQ activists are calling “trans erasure,” D.C.’s Children’s National Hospital in July announced it would discontinue beginning Aug. 30 gender transition medical care it has provided for juvenile patients for at least the past 20 years. In a statement posted on its website, the highly acclaimed pediatric hospital said the change was made “in light of escalating legal and regulatory risks to Children’s National.” Most observers interpreted that to mean the risk of federal funding cuts linked to the Trump administration’s animus toward trans supportive programs or policies.
4. D.C. Mayor Bowser announces she will not run for re-election
D.C. Mayor Muriel Bowser, a longtime vocal supporter of the LGBTQ community, announced on Nov. 25 that she will not run for a fourth term. Since first taking office as mayor in January 2015, Bowser has been an outspoken supporter on a wide range of LGBTQ-related issues, including marriage equality and services for LGBTQ youth and seniors.
LGBTQ activists have pointed out that Bowser’s record of support on LGBTQ issues dates back to her tenure as the Ward 4 D.C. Council member from 2007 through January 2015, when she took office as mayor. They also credit her with expanding and significantly increasing funding for the Mayor’s Office of LGBTQ Affairs and appointing the largest number of openly LGBTQ officials to D.C. government jobs than any prior D.C. mayor.
“It has been the honor of my life to be your mayor,” Bowser said in a statement.
3. D.C. LGBTQ bars ‘hanging in there’ amid tough economy
The owners of several of D.C.’s at least 25 LGBTQ bars told the Blade in November they had been negatively impacted by a series of developments and issues impacting most other D.C. bars, restaurants, and nightlife venues. Among the lead issues impacting them, they said, were the deployment by President Trump of National Guard troops on city streets, the nearly two-month-long federal government shutdown that ended in late November, and skyrocketing prices of food and other supplies brought about by the Trump administration’s tariff program.
Other factors cited were a decline in tourist visits to D.C. due to alienation from the Trump administration and a large increase in the number of LGBTQ bars in recent years that some observers said has resulted in fewer people going to each of the LGBTQ bars, the latest one, Rush at 14th and U Street, N.W., having opened in December.
2. At least 1.2 million turn out for WorldPride D.C.
At least 1.2 million people turned out from throughout the U.S. and internationally for WorldPride D.C. 2025, which took place from mid-May through June. It included hundreds of events held across the city. Among them were an international human rights conference, a March on Washington for LGBTQ Equality, sporting events with LGBTQ athletes, concerts by LGBTQ choral groups and nationally acclaimed pop musicians.
The events culminated with a six-hour-long WorldPride Parade on June 7 that drew hundreds of thousands of participants and bystanders and included a 1,000-foot long rainbow flag that led the parade. The WorldPride street festival and concert took place that same day and the following day, on June 8, along Pennsylvania Ave, N.W. that included hundreds of booths.
The 1.2 million attendance and the a $310 million economic impact it had on the city were significantly less that what had been initially predicted by city officials, who, along with LGBTQ activists, said the lower attendance and economic impact was due in part to the anti-LGBTQ policies and alienation of many potential foreign visitors by the Trump administration.
1. Trump takes control of D.C. police, deploys National Guard
LGBTQ rights advocates joined community leaders across the city in condemning President Donald Trump’s decision in August to take control of the D.C Metropolitan Police Department and deploy 800 National Guard troops to address what he called a crime wave caused by “bloodthirsty criminals” and “roving mobs of wild youth.”
A coalition of local LGBTQ advocacy organizations joined other community leaders, including gay D.C. Council member Zachary Parker (D-Ward 5), in calling Trump’s action a “power grab” aimed at eliminating D.C.’s locally elected government that would adversely impact people of color, the LGBTQ and immigrant communities.
In a development that captured national attention, a gay man was arrested on Aug. 10 on a misdemeanor assault charge for tossing a hero sandwich into the chest of a uniformed U.S. Customs and Border Control agent on a street near several gay bars in what he called an act of protest and defiance of the Trump deployment of federal troops and agents in D.C. In what some observers called a gesture of support for gay sandwich thrower Sean Charles Dunn, a federal court jury handed down a verdict of not guilty for the assault charge.
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