Local
Court strikes down Va. sodomy law
Ruling in case of straight man said to apply to gays
The U.S. Supreme Court struck down sodomy laws as unconstitutional back in 2003, but such laws remain on the books in some states. (Washington Blade file photo by Michael Key)
A federal appeals court handed down a 2-1 decision on Tuesday striking down a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight.
The 4th U.S. Circuit Court of Appeals issued its ruling in a case in which a 37-year-old married man was charged in 2005 with soliciting another woman, who was 17, to engage in oral sex.
William Scott MacDonald, who lived at the time in the City of Colonial Heights, was convicted of a misdemeanor offense of contributing to the delinquency of a minor and of a felony offense of solicitation for sodomy.
The 4th Circuit federal appeals panel overturned his conviction by a trial judge on the solicitation charge and reversed two lower court rulings that upheld the trial court decision – all on grounds that the 2003 U.S. Supreme Court ruling of Lawrence v. Texas rendered the Virginia anti-sodomy law unconstitutional.
“It is shameful that Virginia continued to prosecute individuals under the sodomy statute for ten years after the Supreme Court held that such laws are unconstitutional,” said Rebecca Glenberg in a statement on behalf of the ACLU of Virginia. The ACLU filed a friend-of-the-court brief supporting MacDonald’s appeal.
“This ruling brings an end to such prosecutions,” she said
The New York-based gay litigation group Lambda Legal Defense and Education Fund also submitted a friend-of-the-court, or amicus, brief on MacDonald’s behalf, according to a notation on the federal appeals court’s 30-page opinion.
A spokesperson for Lambda couldn’t immediately be reached for comment.
“In Lawrence, the Supreme Court plainly held that statutes criminalizing private acts of consensual sodomy between adults are inconsistent with the protections of liberty assured by the Due Process Clause of the Fourteenth Amendment,” said the majority opinion in Tuesday’s appeals court ruling.
Judge Robert King, who wrote the majority opinion, and Judge Diana Gribbon Motz, who joined King in the ruling, rejected arguments by the Virginia Attorney General’s office and rulings by two lower courts that the Lawrence decision didn’t apply to cases involving minors.
King noted in his opinion that current Virginia law, under the parameters of the Lawrence decision, can only prohibit an adult from soliciting sodomy from someone under the age of 15, which is the legal age of consent in the state.
“Thus, although the Virginia General Assembly might be entitled to enact a statute specifically outlawing sodomy between an adult and an older minor, it has not seen fit to do so,” he wrote in his opinion.
Brian Gottstein, a spokesperson for the Virginia Attorney General’s office, told the Richmond Times Dispatch the office “was reviewing the decision and will consider our options.”
The Times Dispatch reported that MacDonald and his wife have since moved to North Carolina. The paper reported that the wife, Carolynn MacDonald, said her husband is a combat veteran suffering from post-traumatic stress disorder.
“He’s enjoying today, but having a difficult time with it,” the Times Dispatch quoted her as saying.
In its summary of the background of the case, the 4th Circuit Appeals Court opinion states that it was MacDonald who triggered an investigation that led to his arrest. It cites trial court records as showing the 17-year-old girl turned down MacDonald’s request that she perform oral sex on him and appeared to let the matter drop.
But according to court records, MacDonald later called the police to report that the 17-year-old solicited him for sex. In an official police report, he told a detective that the 17-year-old “forcibly removed his penis from his pants and performed oral sex against his will.”
After interviewing the 17-year-old, the detective determined that her strong denials that she sought to have sex with MacDonald had far more credibility than MacDonald’s allegations. The detective obtained warrants for MacDonald’s arrest, starting the chain of events that led to Tuesday’s court ruling overturning the state sodomy law.
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Congratulations to Congresswoman Sarah McBride (D-Del.) on being honored with this year’s Stonewall Award from Whitman-Walker Health. Amy Nelson, senior director of Legal Services, said, “Congresswoman Sarah McBride is working to make healthcare accessible to all, and this award recognizes her support of healthcare as a human right. Our legal program supports families facing unprecedented challenges to stay healthy and safe – families that Congresswoman McBride champions with a deep understanding of the issues they face and the legislative expertise of how to support them.”
McBride, in a press release, said, “I am honored to accept this year’s Stonewall Award from Whitman-Walker Health — an organization that has spent 40 years doing vital work to ensure every person can access the dignity of care. In the wealthiest and most developed nation on earth, the ability to receive care should not be a matter of luck—it should be the law of the land. I am proud to be recognized as a partner in this work and to support Whitman-Walker Health in their mission to build a healthier society for all.”
Congratulations also to Wes Drummond who will join Clear Space Theatre Company in Rehoboth Beach, Del., as its third artistic director. Managing Director Joe Gfaller said, “This is an exciting moment of growth for Clear Space as we welcome Wes to join our remarkable team. I am confident he will be an excellent partner as we work with our entire staff, board, and committed team of volunteers, to ensure Clear Space can achieve its full potential in pursuit of our mission to unite and enrich our community through every production on stage, and every arts-based learning program we offer throughout our community.”
On accepting the position Drummond said, “I’m honored to join Clear Space Theatre Company as artistic director, and beyond excited for what we’re about to create together. Clear Space has established itself as a vital and vibrant part of the cultural life of coastal Delaware, and I feel incredibly fortunate to step into this next chapter alongside such a passionate and dedicated team. Rehoboth Beach is a place defined by creativity and community, and I look forward to listening, learning, and building meaningful relationships across the region in the months ahead. My vision is to help Clear Space continue to grow as a bold, forward-thinking, cultural force, that champions fearless storytelling.”
Drummond served in leadership roles at Duluth Playhouse in Duluth, Minn., from 2021 to 2026, including four years as executive director followed by one year as executive producing artistic director, guiding the organization through a period of significant transformation and stability in the wake of the COVID-19 pandemic. As a director, he has worked extensively in New York City, Chicago, and at regional theaters across the country, directing both musical theater and plays with a focus on storytelling that bridges classical works with contemporary perspectives. He has collaborated with leading figures in the industry, including Tony Award-winning director Matthew Warchus, and Tony-nominated director Michael Greif. He is an associate member of the Stage Directors and Choreographers Society.
Wes earned his MFA in directing, Penn State University, where he studied under Tony-nominated director, Susan H. Schulman.
Virginia
Va. Supreme Court invalidates Democrat-backed redistricting plan
Voters narrowly approved new congressional districts last month
The Virginia Supreme Court on Friday struck down a Democrat-backed redistricting plan that voters approved last month.
Ten of 11 of Virginia’s congressional districts favor Democrats in the plan that passed by a 51-48 vote margin in last month’s referendum.
The Human Rights Campaign PAC is among the groups that support it. The court by a 4-3 majority invalidated the referendum results.
District of Columbia
Maren Morris to headline Capital Pride Concert
Grammy award-winning singer/songwriter came out as bisexual in 2024
Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, announced on May 7 that nationally acclaimed singer-songwriter Maren Morris, who identifies as bisexual, will be the headline performer at this year’s Capital Pride Concert scheduled for June 21.
The concert takes place as part of the annual Capital Pride Festival held on Pennsylvania Avenue, N.W., usually between 3rd Street near the U.S. Capitol and 9th Street.
“Morris, known for her genre-blending sound and outspoken support of LGBTQ+ rights, will be joined by a standout lineup, including acclaimed queer rapper Leikeli47, pop icon Lisa Lisa, Juno-nominated producer and DJ from the ‘Heated Rivalry’ soundtrack, Harrison, and ‘RuPaul’s Drag Race’ Season 18 winner Myki Meeks,” according to a statement released by Capital Pride.
“In a moment when LGBTQ+ people are being challenged across the country, the Capital Pride Concert is a space where our community is fully seen and heard,” Ryan Bos, the Capital Pride Alliance CEO and president, said in the statement. “Bringing Maren Morris to the stage reflects this year’s theme: Exist, Resist, Have the Audacity,” Bos said.
The statement notes that the concert takes place as part of the annual D.C. Pride Festival, which is open to the public free of charge, with tickets available for purchase for specific areas listed as the Capital Stage Pit Zone and the VIP Concert Zone.
It says the festival takes place from 12 –10 p.m. and points out that in addition to the music performed by multiple other performers on several stages, festival attendees “can explore hundreds of exhibitors, community organizations, and artisans, along with multiple food courts and beverage gardens throughout the festival footprint.”
Information on the Capital Pride Alliance website shows that the festival takes place one day after the annual Capital Pride Parade, scheduled for June 20 and which is expected to travel from 14th and T Streets, N.W., to Pennsylvania Ave., N.W., where it is expected to end at 9th Street.
The statement adds that following the stage performances during the June 21 festival, which are expected to conclude around 8 p.m., “the celebration will continue with the Capitol Sunset Dance Party, closing out the evening against the backdrop of the U.S. Capitol.”
The online publication Today, which is part of the NBC “Today” television show, reported that Morris came out as bisexual in a 2024 during Pride. It reports Morris “shared several images of herself holding a Pride flag to mark the occasion, writing, ‘Happy to be the B in LGBTQ+’”
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