Local

Cuccinelli challenges Va. sodomy ruling

Att’y gen’l asks appeals court for re-hearing of case

Published

11 years ago

April 3, 2013

Gay News, Washington Blade, Gay Virginia, Ken Cuccinelli

Virginia Attorney General Kenneth Cuccinelli is challenging a ruling that overturned the state’s sodomy law. (Washington Blade file photo by Michael Key)

Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.

The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s “Crimes Against Nature” statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.

A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General’s office filed the petition on Cuccinelli’s behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.

“We certainly hope they won’t,” said Claire Gastanaga, executive director of the ACLU of Virginia, which filed a friend of the court brief urging the three-judge panel to overturn the state sodomy law.

“We think it’s a situation in which everybody agrees that the statute is unconstitutional,” Gastanaga told the Blade.

Greg Nevins, an attorney with the LGBT litigation group Lambda Legal Defense and Education Fund, which joined the ACLU in filing the friend of the court brief calling for overturning the Virginia sodomy law, said requests for en banc hearings are turned down most of the time.

He quoted a federal appeals court rule as stating, “Although petitions for rehearing are filed in a great many cases, few are granted.”

Caroline Gibson, a spokesperson for Cuccinelli, told the Blade in an email that Cuccinelli believes the dissenting judge on the three-judge panel was correct in stating the Lawrence decision applies only to sex between consenting adults in private and doesn’t apply to cases involving a minor. The case in which the three-judge panel of the 4th Circuit Court of Appeals overturned the Virginia sodomy law involved a man charged with soliciting oral sex from a 17-year-old woman.

“We believe the panel decision was erroneous, and that the dissent correctly concludes that the petitioner was not entitled to federal habeas corpus relief, Gibson said, referring to the court’s decision to overturn the man’s conviction under the sodomy law. “So the full court should have the opportunity to decide this matter,” she said.

“Like most people, we think the court made the right decision,” said James Parrish, executive director of the LGBT advocacy group Equality Virginia.

“We think what needs to happen is the General Assembly needs to remove the current sodomy law that has been declared unconstitutional,” he said.

Parrish said Equality Virginia wouldn’t object to a careful revision by the legislature of the state’s criminal code to allow for continued prosecution of offenses such as sex with minors.

“What we’re saying is we agree with the court ruling that, in this case, the law was used unconstitutionally. The best course of action would be for the General Assembly to address that, just like they did with the cohabitation law that they took off the books this year,” he said.

“We think that’s a better recourse than the Attorney General filing another appeal and diverting precious state resources on an issue that the General Assembly should address because the court made the correct ruling on March 12,” Parris said.

Virginia State Sen. Adam Ebbin (D-Alexandria), who’s gay, said he is looking into the issue and the possibility of introducing legislation to address it.

“I’m reviewing this and will consider introducing a bill next year to repeal the Virginia Crimes Against Nature law for consenting adults,” he told the Blade.

The March 12 ruling of the appeals court’s three-judge panel overturned a lower court decision upholding the conviction of a 37-year-old man charged in 2005 with soliciting a 17-year-old woman to engage in oral sex. No sexual encounter took place, records show.

The Attorney General’s office argued that the Supreme Court’s Lawrence decision didn’t apply to cases involving minors. But 4th Circuit Appeals Court Judge Robert King, who wrote the majority opinion, said the Lawrence decision rendered the Virginia sodomy statue “facially” or completely unconstitutional.

He stated other laws could be used to prosecute an adult for engaging in sex with a minor and that the Virginia General Assembly would likely have authority under the Lawrence decision to pass a new law specifically outlawing sodomy between an adult and a minor.

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Virginia

Virginia Beach high school students stage walkouts to support transgender rights

City’s school board approved policy to out trans students to parents

Published

2 days ago

September 29, 2023

Cal Benn

Transgender flags (Washington Blade photo by Michael Key.)

Students at five Virginia Beach high schools on Friday staged walkouts in support of transgender rights.

The walkout is in response to the Virginia Beach School Board potentially approving policy 5-31, which the Pride Liberation Project says will require schools to out trans students to their parents.

Students have been organizing walkouts across the state since Republican Gov. Glenn Youngkin earlier this year announced new guidelines for trans and nonbinary students.

“Students like me aren’t going to be able to talk to our teachers if we’re constantly worried about our school officials calling home to forcibly out us,” AJ, a trans Kellam High School Student, told the Pride Liberation Project.

District of Columbia

Pepco, Exelon announce $2.7 million in funding for four minority-owned businesses

‘It’s good business sense to bring more people to the table’

Published

2 days ago

September 29, 2023

Omari Foote

Pepco and Exelon held a press conference Friday to announce four recipients of $2.7 million in investments. (Photo courtesy Exelon)

Pepco and Exelon announced a $2.7 million investment in four minority-owned businesses on Friday.

“Today’s been a long time coming,” said Pepco Vice President of Governmental and External Affairs Valencia McClure.

Pepco’s parent company, Exelon, launched the Racial Equity Capital Fund (RECF) in 2022 to expand capital access to diverse businesses. This latest $2.7 million investment is just a portion of RECF’s $36 million in funding.

At the announcement, D.C. Mayor Muriel E. Bowser spoke about the other ways Pepco and Exelon have “put their money where their mouth is” through their partnership with the D.C. Infrastructure Academy. She reported that all 22 of the residents that graduated from the program last week have a job offer from Pepco.

“We know that is not just a job, but a career,” she said to the crowd’s applause. “We know that working together, we can invest in D.C. residents, provide opportunity, and ensure that our D.C. businesses are a part of D.C.’s growing prosperity.”

The four minority businesses that received funding were Gemini Energy Solutions, Public Sector Solutions Group, CJR Development Partners, and Escalate.

“It’s good business sense to bring more people to the table,” said fund recipient Nicole Cober, CJR Development’s Principle Managing Partner.

Gemini Energy Solutions, which is Black owned, received $1 million, the most of the four companies. Its mission is to equitably scale energy efficiency to marginalized communities. For the founder and CEO Anthony Kinslow II, this investment means that he is able to get paid and advance the work of his organization.

“We are now able to accelerate the work in our software and technology development,” he said. “What we were going to do in two years, we are now going to do in six months.”

For Escalate, a workforce development platform focused on frontline worker retention, the funding means that it will be able to double the pay for frontline workers.

Public Sector Solutions Group CEO Darryl Wiggins emphasized that this investment was not just ‘charity’ work, but mission-driven work.

“The principle and the intent is greater than the money we receive,” he said. Public Sector Solutions is Black owned.

Public Sector Solutions Group received a $600,000 debt investment; CJR Development, a minority and woman-owned small business, received a $600,000 debt investment; and Escalate, a majority Black and woman-owned company, received a $500,000 equity investment.

Exelon launched the RECF in partnership with RockCreek, one of the world’s largest diverse-owned global investment firms, in 2022. The RECF expands capital access to diverse businesses so they can create more jobs, grow their companies and reinvest in their neighborhoods and communities, according to a statement from Exelon.

New RECF applications are accepted on a rolling basis. Interested businesses may apply online or contact RockCreek at [email protected] for more information.

Local

Comings & Goings

Armstrong recognized with Lifetime Achievement Award

Published

3 days ago

September 29, 2023

Peter Rosenstein

Lynden C. Armstrong

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 Lynden C. Armstrong on his Lifetime Achievement award from the Congressional Management Foundation in recognition of his exemplary public service in Congress.

Upon receiving the award Armstrong said, “This recognition is not just a personal achievement, but a testament to the unwavering dedication and hard work of colleagues and mentors who have been with me on this journey. I’ve dedicated my entire career to public service within the Senate, where recognition isn’t the primary motivation for our work, making this recognition even more humbling.” He is currently Deputy Assistant Senate Sergeant at Arms and Chief Information Officer.

Armstrong started his career with Sen. Pete Domenici (R-N.M.), where he rose to Deputy Chief of Staff in his more than 13-year stint. In 2004, during his tenure with Domenici, amid a debate on the Federal Marriage Amendment, Armstrong became a co-founder of the Gay, Lesbian and Allies Senate Staff (GLASS) Caucus. In 2014, he moved to the Sergeant at Arms CIO organization, where he established a new department within the CIO that was crafted to engage Senate offices in comprehending and harnessing technologies provided by the SAA.

Lynden has previously served as Chief Clerk on the U.S. Senate, Committee on Rules and Administration, and with the U.S. Senate, Joint Congressional Committee on Inaugural Ceremonies, as Deputy Inaugural Coordinator, 2012–2013. In that role among other responsibilities, he served as civilian liaison to the National Special Security Event Executive Steering Committee and subcommittees, including the Capitol, USCP, Crowd Management, Public Relations, Transportation, and credentialing, and as liaison to the Joint Task Force – National Capital Region.